circumstances are remarkably extraordinary let's deal with the first issue first because i think it is more complex and in some ways more interesting this rousseau was found guilty compound in the use of intoxicating compounds zach is not a compound that is prohibited by the legislature so the prosecution in the trial of ms russo rely upon the phrase or any other substance at the end of the a  course we look to legislative intent but we also look to the construction of the statute other states to face this same problem and the resulting in at least arizona and new york and home why he and other states the influence of d f e why couldn't you just say under the influence of an intoxicating drug and e f t we agree is an intoxicating drug well first of all you  circumstance that occurred convicted under for aggravated dui include a catch all phrase which included d f t and how do you do that if you look at how concern statutory construction issues because we have the o that a defining uses to get high they knew that they were going to be new ways for defendants to become high and that's why they include the catch all phrase and even the d m v has not been named and media should have banned its included because of the catch all phrase  statue we look at what all those chemicals have in common and they all are intoxicating compounds even if we dive deeper into into these chemicals which we don't have to deity was similar to the chemicals deity was similar to t c there was an exhibit peoples exhibit forty and presented the breakdown of deity in t c and presented the breakdown and show the overlap case dealt with this issue of nicotine or other drugs and they concluded that it is not something that isn't a tax again come down because it's not something that is used to get high and the common understanding of why and tax a cation  oral pronouncements talk about the death of jackson so we we believe we should take from the record that he was talking about that we each we charged did the on the up under the influence of d m the who are the three six i guess would be easier to say because that's not really clear from his record here are i would have to delve deeper into understand this if we knew exactly which count she was sentenced on manner manner on additionally when we look back to the basic steps you and we look at the arguments and pieces that defendant cited to including you to support the position that documents listed and if there were not and the list of the list of documents is just too specific documents and there's no catch all phrase so that doesn't really help and we look at all of  were changed for our jacqueline's mother saw her daughter die right in front of her so it's your position that that was just merely reference to the victim back to his family which the court has an obligation consider yes yes you're here to be specific are granted the extraordinary circumstance exception hard nearly in tears on the basis that they were very traumatized in their leaches upbringing and they were very committed to true religion to help them get through whatever issue was facing them there was a pastor who testified here and other people related to the after tumor church i believe why shouldn't that be considered a rehab a very expensive rehab and utah for seventeen months and really their honor for money has been spent is not the issue here the fact is she had opportunities and she wasn't able to two times after this crime occurred and so for her to go in and lecture people while she still is using drugs i think that's important to know especially since her crime  offense and who are now are free to walk on sidewalks to go outside and i respectfully disagree i think the trial court could have referred to the victim imbed by talking about the effect of this russo's conduct on the family as opposed to saying you're as opposed to saying you're alive but i think it's fairly clear the other in the final thing i like to say this morning to the poor you is this in four years of defending persons charged with crimes i don't