a very good morning this honorable court and to present my son bill who has worked with me tirelessly on this case we have the honor of appearing for the appellate space ship pursuant to appointment by this honorable court compelling with the guard i want to be very very brief because i know the court has certainly read our materials and we tried to be specific there with regard to the first issue denial of counsel submit that that that does anything that adds sort of special specificity you when are you you know i'm not i'm not precisely sure that they're lesser included under the state law but in any event assuming that they are which you know they most likely are it didn't change the ballgame what really stressing is the fact that these severe substantive additions amounted to the to the pleading of the strikes but two strikes of prior convictions having operate having worked in state court as a prosecutor i know what happens and i think it's very clear to the court to the filer information the complaint they go to flamin are hearing they file the information then alleging the charges in this case carjacking it gets up t trial and they don't allege the priors which in this case put them away for a light i think it's thirty eight or forty six years to life they don't allege the priors until the matter is ready to go to trial like today and you know we're going to plead guilty mind will make not and so when he's coming along without an attorney and all of a sudden you know it's a new ball game like oh my god you know it's like we're going to get noticed they were going over like surprise it was well certainly on the day of trial courts are going to start tr and i think the prosecutor said we're going to come up but we're going to file a priors which is you know again what i what i've seen is common practice on the day of trial now of course the court could have done a number of things the court c that mr especially be able to exercise his right to an attorney no we all and to have an attorney we all know what courts of the drays that the courts and the prosecutors go through when there's appropriate or appearing anywhere especially in a job but then when he's faced with life thirty six i believe it was years to life it was a totally different ball game and it was a running mate and according to the new the us supreme court constitutionally he's certainly the court the prosecutor sought to allege the priors and the court permitted the allegation of the process which made him a went out of the court know in november that there were three strikes and i don't know how the court knew it but they weren't playing they'd they weren't planning the complaint and the original thought of the complaint and things weren't played in the original information that's why the new information on april twenty six or whatever it on page twenty one nine hundred sixty seven u s supreme court case again he pled guilty he had an attorney he pled guilty and with an attorney and there was a probation violation hearing thereafter scheduled and he was not permitted to hamilton versus alabama and they also think member versus rae but those cases aren't applicable to the instinct case they aren't controlling u s supreme court authority on the issue of whether or  not on the issue at the time the request for counsel after repeated assertions as if it's always true that when you look to see whether there's a controlling supreme court case you can manipulate the level of specificity  when there's been a waiver of counsel and now counsel is requested for trial there's no case exactly like that from the supreme court i guess but there certainly are ones after crowd well i think that the closest that we honor i don't recall if those clerks transcripts pages are the excerpts of record if there are not i can certainly provide copies of those to the court after all argument i believe that they will be exact dispute constituted a material change in the in the jar yes turner and what your position on there that they didn't material they didn't change the information the original information materially because they weren't lesser included offenses and the language language so those two are lesser included offenses and mr speeches did not have to contend with any new facts he didn't have to contend with any new scenario those they were he was dealing with the only actually got was four hours after the close of evidence that grant yes your honor that is my understanding of the record and i'd be more than happy to address that issue it is our position that under that claimed the denial of access to the law library there is fifteen the look to our president in determining what is a clearly it's federal law although the supreme court is a law we are bound by and we can look to our own law in determining what the supreme court  number of hours in the law library for a defendant who is acting in pro per hour pretty trial there with no access to the law library are you saying that's not a violation of a constitutional i think that no i believe that those circuits are the ones that we started in our in our briefing show that there is a split in the circuit authority and within the context of the federal habeas review i think it's i think what it shows is what the circuit authority forever not asking the court to extend for us and we don't believe that the court at that this but the ninth circuit had ever extended for other in milton versus mars or otherwise somebody has to take a look at how the court could could i think at this point take a look  it mean now the court doesn't have to do that necessarily because the court can look to earlier opinions by the scene by the same court say well we don't want it means this early but take a look milton versus marist you know says the following and you know very very clearly is not on all fours no cases but counsel the fact that there is a split among the circuits on the issue doesn't that indicate there is no clearly established federal law no your honor i think that there's different opinions as to what that may be implies further rights to materials facilities or investigated or education resources that my self representation yes your honor now i write i'm an outsider