which generally referred to as you p w he was sentenced to eight years from prison and on the first of the two counts of that offense in this appeal we've raised two issues that pertain to the jury's verdict and two other issues which are wrongness which was located on proctor street in peoria the house had a second story with some bedrooms but mr lindsay was found on the lower level of the house in the bathroom at the time the police executed the war the utility bills and none of those born my client's name the police didn't recover aber new role for him first state of illinois snap benefits which it was addressed to my client had his then dressed like them from page that paperwork was found right underneath the handgun which was on in that second story bedroom on to the mattress for us or the other house on proctor street oh it was my client's a ball room it's important fact that i think i should briefly mention because it becomes a focus of the state's room and has to this first issue and and that is that mr lindsey made a statement to one of the officers who spoke to him at the scene of the search construction type issue the state claims that the defendant should be held to is the city of defense when he was defending a truck and that was limited to an argument that the state did not prove beyond a reasonable doubt found and they could not have really tried to convince the jury that this was his own man or his own abode the state attempts to go back and try and make something out of that statement that mr lindsey made that he was a one i ask the court to consider the way beyond violence statute has been construed because that's the only case law that i've been able to find that has the honor about language and violence think context that would that would be yes this case go presents a set effect scenario that hasn't been addressed in the state as to whether the honor about the person language remains more than constructive possession at the time that the person is arrested and you know i think that it would be make this argument if it's fingerprints on the gun that was part of the defense at trial that you know they would not have needed a constructive possession in my mind at that point they could have said actual possession a different point in time it's because they didn't have the fingerprint evidence think they could you're ok the refute the possibility that antonio johnson patagonian his waistband when he was on the road trying to get away and the police ordered him back in the house and he took the person and the statutory construction analysis i don't need to remind the court is the now consider words in the statute as mere surplusage as they were raised there are reasons that the words are in that statute and  if the legislature wanted this to remain you know it's i'm awful to carry or possess no matter where you are and then allow for constructive possession even in someone else's house then the legislature could rewrite the jackson both say a felon can't have a firearm in any situation ever spawn constructive possession was enough in a comparable situation that defendant there was in the kitchen the firearm was on top of a bedroom nightstand the case law that i cited to you says a felon with firearms violated the statute for the sake of argument as a secondary argument we already knew this was also the defendant's own abode of imposed includes places where the defendant has significant contacts through continuous or extended had occasion that's the price case in price it didn't apply because you just ignore night yes that's not here the defendant said he stayed here from time to time to get his grandmother a break from time to time he said correspondence regarding snap benefits i'm not exactly certain what snap is it's some sort of government benefit at best kind of a financial significant document that the defendant had with him that doesn't seem the type of thing you just had to be carrying around in your pocket but rather the type of thing you have in a place where you're prone to be your abode your correspondence you know that medication there you had phone bill there your honour's we made all these arguments in our brief i won't i don't know you have to know more about this felon came in extremely handy because the gun was found under the mattress with the pill bottle the correspondence and the phone on the nightstand the fact that another guy was found in here i think that was i