refers to the substantial probability the person who acts of sexual violence both of the state's expert testified in this case o remarkably that all the references are to satchel of facts this is not a distinction without a difference it's a very important sufficient just to establish clearly it's not sufficient to establish that he has a mental health diagnosis well i understand your argument very i've spent quite a lot of time going through the documents doesn't want to hurt people that feel loves and he needs treatment and that is the absence of the statement that he made to dr of and saskia when he was in the department of corrections and that's wh reference to h h s we don't know what that refers to but we certainly know that there's no reference to a detention to sell it he's saying he wants treatment he not saying he wants to be a tank he's not saying that he needs treatment act and a detention facility he's saying he needs treatment and who can argue that this man has been argument i'm going to ask you how best to consider only what was presented at trial and consider whether or not that  explanation or desire for same sex partner and yet go their entire lives without having a homosexual act so while they have that characteristic at one time you have to look at a number of other factors that would i think in terms of common sexuality that will inform you whether or not someone has a substantial probability and either to behave in a homo sexual manner or to have and in context of our case here whether or not they're going to in spite of the steady yes or no because she assessment of risk and it sexual rape real founding there is no language in any of those pages when it comes to the excuse me sexual there's no there's no language regarding risk and sexual violence and you understand that that mental illness the substantially probable that you will continue to have and i think then that there are other cases yeah where you're looking at that particular magical problem that that particular individual has it seems to me that the professionals opinion about suggests i think very clearly that he does have that substantial probability coming from that natural health problem exhibitionism that he'll do it and that comes just from what he says that those are  have here that if we don't have the substantial probability coming from the diagnosis then we look at a substantial probability in terms of the risk sets my testimony regarding the risk assessment to that yes your honor they were and so mr guthrie not come forward this court five convictions for sexual exploitation of a child one conviction for public decency and most recently one conviction for aggravated criminal sexual abuse by his has probation revoked for failing to comply with the terms and twice has failed to complete outpatient sex offender treatment programs in short mr guthrie site history shows that you cannot control his sexual impulses and that the threat of punishment alone of this evidence is taken in the light most favorable of the state as it must be at this stage of review yet when it's clearly supports the verdict the jury reasonably conclude that mr guthrie is a sexually violent person and for that reason the sportster firm  acknowledge those factors in a written order rather than from the bench was not arbitrary fanciful or reasonable and therefore the trial court did not use its discretion in making that decision similarly the trial court did not abuse its discretion by simply committing t therapist finally dr berger specifically recommended that mr guthrie be securely committed and not released into the community given these facts it was not arbitrary fanciful or unreasonable that a trout court to decide that corrections he says i need treatment and then if you look at how he behaves and treatment so not only is he seeking treatment he's not asking to a court order to treatment or submitt asking for treatment and he's been in treatment for eighteen months and when you look at he's not faking it he's certainly made substantial progress