rely on how a geisha names are matters in the in the record in state state record and so forth here we have not only the petitioners allegations regarding his mental condition but we have this largely based on the yuba county jail medical records which indicated that he's been pretty much of a kind of a mental mess you might say since he's least sixteen he had problems with heroin suffered from heroin opiate withdrawal use heroin since he was sixteen his body tremors as lot of hurting himself a constant hunger sugar craving was under considerable medication in january of ninety nine and in jail and at the margin hearing trial counsel said the court told the court that petition it really a meaningful word or not but this man did have serious problems and it does not appear it does not appear that he has his counsel ever gave this very serious attention yet we do have an abundance of state and federal  constitutional principles and litigation they should hold a competent representation includes investigating the possibility of the client's intoxication or mental condition or drug reliance or whatever prevent own no no no no so then i guess the question then becomes this is not an uncommon situation where a person with a drug addiction problem is incarcerated and we've got a five month  before he enters this plea so i'm trying to determine from your reference to the records what more do we have as to what the his mental condition was on the day that he when we've got the colloquy which seems pretty straightforward he was seemed to be responding in a comprehensive fashion to the judge's question what do we have any other evidence in the record to suggest that he was physically or mentally not capable of understanding entering a free involuntary plea on that day i think there's the strongest evidence is his will you have a county medical records from the jail we also of course have you keep saying that but i guess let me ask  submit that the that you can counsel counsel fell down by not pursuing pursuing this question i mean that you've got enough evidence of mental problems and we have numerous  take any steps to get this dismissed otherwise than other than by a plea bargain i mean there there was there was all considerable delay before after his arrest before this was charged so there was a possibility that dick could have then he could and i believe that because petitioner fled going to contest because martin pled no contest he's waived basically every single ice t claim that he brings up now other than that if his counsel had done something to enquire into some of these issues that he might very well have taken them off the table for example the robbery charge if there was a legitimate claim to the d in failing to iranian murder i guess it would be prosecutorial to lay and filing with charge i think would have to be the theory that if you'd been successful in that attack then that bargaining chip would have been taken off the table and the prosecutor couldn't have used  that somehow the situation would have changed to the point of him not entering a plea and instead going to trial there's been no no explanation as to a more favorable setting that he would have received based on based on counsel's emissions alleged emission regardless dismissal is not required unless martin can show that a fair trial caused prejudice in his robbery case i e he couldn't defend it for one reason or the other and with all that said certainly the so it's much better obviously go on twenty five years to life on a position for heroin than fifty years to life on a possession of heroin or robbery charge