cocaine possession and it's weed to be in the amount of heroin plus the amount of cocaine for the conviction of here when and it's going to be here my own and he's going to be convicted of of possessing a certain amount of cocaine this charges the others powder and i was wondering whether the powder that was loose in the bag that was the meth which is the meth come from well in this case in this cas she testified that as she was examining them there was powder a little powder from each that was breaking off and still you know it's from each well it's we don't know well she she testified that there was powder distributor who likes different color pills but the pills are all the same had she tested one red and one blue and found them to be identical then maybe she could have said and maybe one purple and what if one of each and said found that they were identical then she could have treated them all like them but she didn't test them so correct she comingled them into one into bad representative sample and it was her testimony testimony that she tested that was one eight zero so we left speculation is how much of it she testified that that the the expert testified that methamphetamine and ecstasy are often combined in pills and would that have made a difference that would not make a difference whether or not they're often bills because they had a burden of proof that there was fifteen and d n a pills and a separate burden to prove that there was five grams of methamphetamine so she could have tested all separate pills separately determine that each pill did in fact can tame methamphetamine and d n a and then based on her start based on a proper testing procedure she could have determined that the quantity and weight actually existed but what she did buy it's very similar in the fact that in that case there was a while if you're we have six different types of pills and at least six there were six different separate packets of a white powder suspected to be her when i believe and what so he was convicted of which vacate the two convictions saying that there's reasonable doubt him as to any lesser offense we leave it to the circuit court to decide or any any proper conviction we leave it to the circuit court to decide what that should be because what if the circuit court says i think he will he can be properly convicted of the class to methamphetamine because everything really ended up in powder could he do that could he say i'm just going to strike the m d m a because the pills weren't individually i analyzed they were different here you've got a bag of scar at least three pills of the sun a greater and formed a powder and it's covered absolutely everything else so at this point those pills are no longer the stent even the police officer when he was doing the inventory at the station said he had he counted the pills inside the bag but again taillights let's talk about the penalty that supposed it for the tablets it's based on the number of calls correct it is and in this case there were three yellowtail there were four work lavender tablets there were inch tablets for read here the point is that there were a number of multi different multicolored else yes how is it possible that some of those pills were fake sure ok so does the defense under the statute is he to be convicted for a controlled substance the one that you charged or is it for something else he says be convicted for what we charge because he's the one who put it all together in the back right but his followers were not that way but  are all identical it's going to come out the odds are one in ninety nine out of one hundred that it's going to come out and not a controlled substance so the guy can walk but if she picks out the one that is happen here controlled substance are you saying that he should be convicted of possessing one hundred m d n a pills even though the other ninety nine turn out to be fake my  one i don't think that's really quite what's in front of us here but will is clueless in front of us here a look this was a hundred tablets with identical markings lettering characteristics that link and scoring how can you compare  don't we have to keep in mind who benefits from these you know from the absence of actions that could have resolved the question in front of us if actually could have been resolved the question in front of us who should suffer the consequences when that action wasn't take it shouldn't be the defendant as just mcbride questions should it be the defendant who's who you know when that when the state had those pills in front of it and could have examined each one of those early east one called one of each color and you had chose not to should should the defendant be risk be held should be punished as if they had i think the difference here though is these pills were not unique and it is the stills were not separate their integrity had the lab there's twenty one ok so the twenty one are still different they're not smashed like you're suggesting that the campus testified to the caller's the labels and concept of blending comes from the inability to distinguish once they're put together is so even though you're claiming blending that the forensic scientists could still have distinguish each of those items that were in the bag by virtue of the color that won't hold up whatever else she identified that she was able to see and to the extent that she was able to distinguish those items there is no blending at least not that i can see but anyway why don't you wrap it up then and so the question is you know why do you think that this case is really closer to the case you're relying on i forget the lowest and why do you think this case is closer to bacchis and no in the bag so they have to say nothing in the bag can be tested suffer like because of there's no wonder the integrity of each pill is no longer intact our position because it's all mushed together in one bag all this powder all together that the chemist the right thing put it all representative testing method clinton says bad if samples are herbs suspects are not imagine if you have to test each physically separate type and the chemist here could have done that she didn't have to do that therefore the state proved to