attempting to prove aggravated criminal sexual saul now we raise five issues in the our review today an oral argument i'm going to concentrate on the st two which is the state field to prove portion guilty beyond a reasonable doubt of juvenile court act in this case since he was under eighteen when all of the alleged acts occur she would have needed to be charged for surgery hated in juvenile court st however aggravated criminal sexual show after she turned seventeen with predatory animal sexual assault of a child however based on the code that charge what is needed to get him in juvenile court so the state cannot be enough for proof beyond a reasonable doubt and especially given the other evidence in the case of a statement to the police c p s testimony and cross examination testimony second as we christmas there was multiple days over fifty degrees there was a day that reach sixty degrees that could be subjectively hot i think it would be definitely subjectively hot to the younger child is they chose to charge this argument the nd but agrees with the sucker argument we'd ask because she would still be guilty of criminal sexual assault because any age under sixteen the way the statue is written the record is clear on several facts for showoff is of caucasian african american the son the two african americans that were removed from the jury represented the three african americans that had made it morning your honour's may please the court counsel your honour's of the state sim is that the evidence presented was sufficient to prove different guilty of aggravated criminal sexual assault beyond a reasonable of the interplay between the juvenile court and adult criminal court is accurate and the state chose to charge the finding as it did and by doing so limited to of how the state presented its case to the jury in opening statements and during the trial during its questioning of the witnesses during closing arguments it focused i would argue pretty extensively pretty strenuously on the say it was a christmas break either the defense counsel again all i can do is harvey the facts as i as i have them and i argued in my brief that it was the defense counsel who suggested that it was december and january because of the minor had used the phrase middle  things so someone how are we to know when we're judging this case on appeal if the person was convicted on and what the state was you can't change that record you're stuck with it i'm stuck with a problematic record for you and it's yeah yeah i don't think oftentimes or maybe not prosecut maybe don't always consider the record on appeal and how it's going to be presented and how it's going to be handled via media help prosecutors say but i understand they have a job to do it's their job very difficult but  but after all of the settles down i have the record i have and all i can basically point to is here the jury heard the evidence of that the prosecutor did it in a you know in a way to direct the jury to consider only the recent police was false and what she her testimony was possibly was the defense counsel theories that are more of her statements of the jury would have a better concept of what she's saying to show that her then the jury is also instructed the wrong the charging instrument athens the judge told you you were charged that told you we charged it in a range over the whole span of two thousand and sixteen that's not because there was one incident and we can just figure out what day it happened it's been going off consistently for most of this young child's life leading up to two thousand and sixteen and then the evidence you'll see tomorrow that this conduct had in fact happened twenty six team during the state's closing the prosecutor said that this is been going on for a long time and it was going on over two hundred and sixteen dollars at the latest finally stopping in that year or at least that was the last time that did happen some of before and then they say the ages is this dispute which obviously it is here and you have the state charged her with predatory criminal sexual assault o child probably start of the juvenile court or the suddenness would have proven her guilty beyond a reasonable doubt because it was restatement c p statements the corresponding with each other