or public place of accommodation or museum it has now been paid battery this is because batteries that take place in areas that are open and accessible to the general public pose a greater risk of harm to the community at large one thing we say was it in might depend on the facts of how that office is set up but if we take it good that area is not open accessible to the general public and that it's only somewhere that employees of the d m v can employees only so what we're doing then is you're removing that greater risk to the members of the public at large for all sitting in the waiting and that's the choice that the legislature me when i wrote the aggravated well you know maybe maybe i was too quick to say that you are you might be a different case if you know there's a locked door and if people can't get in there certainly if somebody is bad and someone in the public areas a hotel that's definitely  because he gets thrown in this county jail and is still there they don't want him getting beat up in there because that is now public property there via legislative work or even the legislative think you're talking about  jail are actually going to be punished differently than an order an ordinary battery simply because most situations including in this case there can be a mandatory consecutive sentence to whatever else that person happened to be in prison or jail fact if it wants to punish and batters his place on any sort of government owned property it can do that just visit for example which is criminal damage to government supported property and it uses that t in jails is that punishes them with mandatory consecutive sentences so that public you know it would include government owned property that's open and accessible public property here or if it said public property in isolation you might be having a different discussion but what it says is public property public place of accommodation or amusement or the public way so we put public property in that to follow all of the court's instructions and it did not instruct the jury that it the jury was free to decide for itself whether or not the state had proven that the  formal that the jury would have been able to conclude it was there for public property pursuant to an instruction by the court but it was not proper for the courts you go beyond taking judicial notice of the simple fact he shall notice as a substitute for at the close of one of the days of the trial but the very next day in the court and the jury heard closing argument wherein the court issued its written instructions and when the court issues a world instructions fact that the judge public during informally the day before if you don't have to follow my judicial notice doesn't relieve his from his obligation to instruct the jury when it's also instructing the jury it might make a difference that's not the case though the court did not do that or did not instruct the jury that it could but it is free to ignore its other instruction and i think your honor is problematic for the court but it's not proper to instruct the jury but the way it's a county jail is public p criminal case the jury does not have to accept it usually notice that you know it's public property even you know period and so there's instructed that this is a fact with no nothing and was seems to inform them at some point that they were freed in this regard i don't i don't see how the jury put the next day completely disregard what the judge said before just because he didn't maybe give them our fresher on the fact is they heard it and wrong states that if you were presented with the necessary information to make such a fine you can make such a fine and the judge was presented with the information in this case he made such a fine and therefore was able to take conditional this of that fact and judge sat and can't just because the judge didn't say every single day or every important time to disregard something that the judge clearly informed them that was correct that is in their prerogative to accept or not accept well but the problem is too is i wasn't ready for this particular question strong that's that's certainly a consideration i don't i don't i don't think i can argue around it and the facts are the facts and what the judge said was u case you know i'm sorry public is public property doesn't doesn't say anything at all well over the publicly owned property yes but i'm not sure that concept is much well i think it helps because it helps explain wh