milton's ongoing struggles with fitness and the deficiencies below ensuring that hilton was and remains sufficiently fit to understand the proceedings participating in his own defense and to knowingly intelligent and monetarily i plead guilty the issue has three parts first the restoration hearing was both procedurally deficient in the result of that hearing was unreliable  and responsible for not asserting his own mental deficiencies explaining the nature of his mental health impairments and asserting his rights to understand something that he does not understand so is  secondly there are two things i think that are critical to understanding this one is that dr kindles opinion was not that not inspect it was that with these special provisions notes it can understand the proceedings  function within the court system but that is this that is fit with special conditions but then we get to the restoration hearing and we have leading questions we have yes or no answers those are contrary to dr kinnear's opinion of wh attorney that's the person and so against him so yes he's able to answer back the prosecutors against me but to not know who in the room is the prosecutor that does it i mean how can we say that that is true understanding of the proceedings state's attorney it's also been an active setting you know you have them sitting in in designated roles it also speaks to the fact that this is a defendant who requires special conditions and his attorney has a pointed subsequent evaluations which include review from dr king of the records we know that at some point that medication was stopped work changed have we don't have any evidence that it was restarted that it the proper medication was restarted proceeding that's not enough to ensure that nelson knows what's going on so we have paragraph form of the forward to admonish minutes we have questions and often times you'll see the actual question that is asked milton is do you understand what's going explain back to the court or to counsel his understanding of the plea his understanding of the plea turns his understanding of the proceedings at all to withdraw plea the defendant never argued that he didn't understand the court's admonitions and that is the basis of the defendant's claim that the proceedings didn't comport with these special provision but the words were not understood by the fan and i don't know that the defendant never testified or and never alleged that he didn't understand those words and the state's argument is that this court shouldn't consider is a matter of st impression and based on a silent  record when the when the defendant never stated that he didn't understand these words that mean that the defendant didn't under stand these words impacted the defendant in this case repeatedly addressed the court himself fluently and lank and never once complained that he didn't understand his rights t court didn't rule on that issue and so to the extent that the defendant is raising some kind of forfeited claim that it kind of can't or show that the court abused its discretion in denying motion withdraw based on that forfeited issue i also know that the that the defendant's claim was that i had been in the car below that he didn't understand the sentencing provisions and in that context the plea and in that context defense counsel testified about his pretty please communications with the defendant and testified that he always felt the special provisions in communicating with the defendant repeatedly explained the terms of the deal discussed with the defendant all of the raising that claim now in addition to the fact that counsel was communicating with the defendant prior to the pleading and according to his own testimony was able to communicate with him and was and the defendant was able to satisfactorily now the defendant argues that it's not enough that that he need not show that he was truly unmedicated at the time of the plea that it's enough that he raised a question regarding this issue and here you say he did raise the question because the defendant at one point  possible to assess fitness as a couple two thousand and thirteen but the person had the chance to try to prove that particularly given that in this case a large part of the defendant's argument seems to be based on not raising questions about record does not confer that he knowingly intelligently and voluntarily like guilty now important in understanding all of these issues is that milton's fitness is not something he has to prove or if there was a continuance of the trial the court had to ask him if he understood the waiving of a speedy trial things such as actually court have the opportunity through that two years to observe it see and to bring that to the attention of the court to address correct and actually we know has not complied with because we have evidence that the medications were stopped that he had a return of certain psychotic symptoms and no one said let's make sure there's if you can figure out what the medication regimen wise if you can look and see whether there's discussion of symptomatology in that you know records which you know there may be other issues there that preclude the reliability that's not even our issue very issue is that we know at milton's that's functioning as determined by dr q no and i was found by the trial court you have to use these special provisions in order to ensure that he understands where that didn't happen we we can go recreate his medication regimen we can go look for symptomatology what we can't do is gauge if he was functioning better at this guilty plea hearing such that he knew where his rights were he knew what he was pleading guilty to and so forth his comments after that that say i didn't understand i thought my mom told me to plead guilty i want my emotion which is like the blue with the suits referring to his eloquent discussion  that we're biased you know that is not something that is a stand alone he says he's saying there's problems with medication dr cuneo has read his jail records is saying there's problems with his medication and these are restarted you're going to be back in the situation you were in before