home invasion firearm aggravated kidnapping firearm an armed robbery with a firearm where the jury never passed on one element of each offense alternatively he was found guilty of three men exist in offens road trying to get a job or trying to get back out in the working world and be respected in the community are robbery is is not the ones that we usually associate with you know the community of nice people so as a serious consequences for opposed to twenty six year sentence on a finding that was made by the jury for a crime the defendant was never convicted never convicted never found guilty of the guilt you were never charged with in the legislature does not prescribe it or you can either be guilty of dangerous weather not a firearm or a firearm but not both and again i mean that's something that you know it's been thirty confusion that belongs in springfield and i would not begin was after this came up the drive her sit down throughout these convictions but basically insulated the other two convictions from review by folding them into these other two things so i don't think i think on the defendant at trial didn't object to its admission on the grounds that it was a prior consistent statement and yet that's what you argue here you are a brief and that's yesterday or two days ago of these cases from my toddlerhood we are not going to be moving forward with that argument but i also think that the arguments are consistent in th twenty minutes and what did you talk about well i asked him why he signed the statement so you know there was a question ok you knew you'd been put in there and i don't know what coun trying to get it by asking that question but you know i think to question the head of itself it wasn't in didn't you get in there and you had an opportunity to make this whole thing up or did you talk about how you're going to pin this on him to talk about here it was just ok and  threatened to tip the balance against the defendant in this case george graves is the case i mean he is the reason that tyrone while he is convicted and imprisoned his testimony put my client away you've got a man who has multiple there were four people in the car later there's no testimony about what these guys looked like they were my point is it wasn't just because there was more than just because i think bass is the only one who gave indirect evidence that my client was the guy who grandmother we called her granny brown after the depression she kept her money in her mattress until the day she died i don't know why people don't put their money in a bank but there's no way to say that this money was pale legitimately but we can i mean i think that's why we're talking about the quote non existent defense we all recognize that there was an event that happened that's ok so let's focus on the legal aspect of that to the state offer a are in jury instructions harmless if it is done good it did not result of the trial would not have been different had the jury been properly neutral yes there is a long line of cases that say that however the result of the trial here was that the who found that the defendant had been convicted of armed robbery with fire so the result of the trial should have been a fifteen year it had on which the trial court declined to pose because i'm sorry pointer goes into detail about it saying it met a r n c it is no factors of reliability it's just a statement and it has runs the risk of theory that's fine but even aside from that all the cases that the state talks about jones and other cases did not involve the situation with the fun of those found guilty of an offense that he wasn't charged with those cases involve situations where there was a missing element or offense that he was charged with but it's different this case is the defendant was charged with armed robbery with a firearm and instructed on our bribery the jur