issues on appeal but the main focus of the op in the first issue with reference to this is a case that turns on whether the placebo to begin the state concedes that the trial court aired during or any other alternative explanations for his presence so first the evidence was presented that the yoga house was a place that was open to the public for meditation and yoga there is no evidence presented that  residence but it was also known as the yoga house in carbondale illinois and it was open to the public for meditation and yoga i think the specific members met on sunday evenings but he did not testify that other times  and that's not at any time that's that's true your honor except for the fact here there are signs as soon as you enter the yoga has the wrist signs that say you know to the left is the meditation area to the right there was a residence area but there was no signs that no one part was close to the public or anything  like and there is no evidence of the front door was broken into or that windows were broken into there were no burglary tools that were found that were left behind by the stranger and when mr he was actually arrested by the carbondale  whatsoever which means you know the stranger open the front door went in and found that no one was in the meditation room so that's kind of how he went through the house he went to meditation room  fishbone and then he went to the residence area and then walked upstairs and there's that allegation that he moved a playstation three from one of the residence bedrooms down to the living room right so the burglary tools itself doesn't mean before he went in further the complainant just he warded he testified that he didn't see the stranger you know taking the coins from the fishbowl or moving the playstation three within the within the residen except the jurors notes here are very significant and this is where the case closely remap resembles people b mueller so it's the same charge the same issue with the problems of their and both jury sent notes to trial where well so the other argument here is that identification is also closely balance due to arguments two and three which relate to the finger printing evidence from which is the fingerprinting expert and what in this testimony which was  your honors this is a really unfortunate case for the defendant because he chose to burglarize a home where the president was in his house watched the gentleman walk into his room talked with him watched him scope out his belongings and then chased him out of his home and into the street and looking at the evidence that was presented at the trial there was a play station three this was a two story home as your honor noted the bedrooms are upstairs and there is first of all you're not going to have someone enter residents who has never been there before who wasn't welcome who goes into someone's bedroom and takes out a playstation three takes it downstairs into the main room and leaves it by the front door and have this phone to call the police goes back to get his phone and starts to pursue the individual again eventually loses sight of him so he goes back into the house which is when he notices the fishbowl where all the coins are missing and there's also a sign that goes by the fishbowl about donations that have been knocked over showing that someone had disturbed it and then there was a fingerprint that was lifted off of the playstation three that was supposed to be upstairs and her roommates bedroom had been moved  the individual who had been in the home and then we had the expert testimony which was accepted by the court with no objection by the defense counsel which confirmed that the fingerprint did belong to the defendant in this case the note from the jury just shows proper consideration of all of the evidence and there was a print on the playstation three so it's very logical when going through that evidence that the jury would say ok but what it was there on the fishbowl if anything it actually goes to against the state rather than shows somehow that it was unfair to the defendant however the expert mary testified that through the different points of interest it's it was a few blocks but there's an explanation for his presence in the area if you remember the defense presented evidence that his brothers with an opposite corners of the carbondale area and that mr king frequented both brothers homes he walked between it numerous you know very frequently so that was kind of the the reason that mr k the uncle presented her testimony that he went with mr king that morning grabbed a drink mr king but you know the drinks that morning and that's why you know he had money on him and then afterwards the uncle drop evidence and because of the show up in but the show evidence is where we're going to testify it that it was you know kind of dark outside and another officer officer crowley frank testified that it was fairly dark outside it was it was seven o'clock in october so that was the testimony about the lighting and when mister worden actually maybe identification he was ten feet away exhibit there's a exhibit of mr king that was taken at the station on the day he was arrested and the goatee is very prominent but that also goes to warden's testimony that he was really ill that he was really alarmed he was shocked and it's understandable that it's not exact but more than testified that it was around five thirty pm when he went into his room and then the stranger in opened this door and by the time that the short cap and it was you know seven o'clock or somewhere around that