to liver after being stopped by the it was sound county safe unit eventually pleaded guilty in exchange for five and a half years in a large sprawling there are challenges on appeal i plan on taking them in order and focusing on them on issue him on the contents merits of the pending motion to surprise without discussing the infirmities of the deal that had been offered in while impressing upon him that he could not get a fair trial in the south county now i want to make something clear that the thing might have gotten a little and it's not about trying to apprise subsequent case to establish prejudice instead this is a ballast i communication failure in the series of communication failures that led baker to take a leak despite having a strong offense to the charge that both of those things happened in this case in terms of the defense the council did not consult on i think it's critical to understand that this court did not break new ground with wrangling that's essentially is predicated on well order to pore over out of state calls well absolutely leiber under the fourth amendment is not necessarily illegal under the equal protection clause where that program will be subjected to strict scrutiny review was given a false choice one that had at least two tangible consequences the first is that we believe that merely offering to sell a better sentence to those who can afford it is a chose the baldor satins that has lost the benefit of the better version of the plea not because he couldn't bear to pay the fine upfront but because he believed that he couldn't put the money together fast enough but if that's the case if baker needed to know in order to evaluate his options i should also point out that at the second stage the state doesn't have the right at this point to deny that this option was given since to mr baker if the state wants to argue that there are serious doubts as it says in this brief as to the terms of the deal it was required to consent to a engage in an illegal interdiction program he was never tell the program was illegal then he was offered the chance to buy a better sentence and was never told that such an offer is improper yet that for the last favorable deal wait it so if the record record establishes a lack of understanding or if the right record establishes that you're waving out of sort of practical pressures as opposed to of actually wanting to represent yourself that's not a for private counsel i don't think completely invalidates the notion that he wanted counsel for the petition when you look at the record as a whole you know when one was not a close case and i understand that it's on appeal now in the supreme court it was not it was not at the time that greece written so again that particular this case and paul add big reason why he wanted someone outside of he unfortunately he did not that in any other county and the fact remains that the damage is done you know regardless of how counsel as a matter of actual facts you know met the sprays and we have these are professionals we have to approach these things as professionals and if you really give a professional opinion about the merits of the case you have a professional opinion don't add to th he i'm not saying that he didn't understand that he could get that he i'm saying that's not that he you know he didn't fully understand what exactly the attorney dolls in this context what that what the boundaries of his supports the notion that if you're trying to get it if the only reason that you're waving is to avoid getting the p name that's not a waiver that's it and that's that's the law and the reason is because he's because he doesn't have the not and that's not the right in this case i think demonstrates that while he understood that someone might be a point when you understand what counsel it was supposed to do in th wasn't he wasn't waving because he didn't walk housel he wasn't waving because on the story exactly what counsel is is supposed to be doing here and that that would that would be  ready to do the motion let's do it that's not are you are you waiting for the p d p not you rather stand that you have the right to the pete to have a he would represent nature of that exchange