tell but so even if these cops were were considered to be the greatest people of all for your defense did not refute anything they said they did however you're placing the officers on the s scheme under the evidence that was presented at trial the state did not demonstrate that this sexual assault was in furtherance of becoming criminal design to rob so it is  the principle as a three year sentence for aggravated criminal sexual assault of a principal has a sentence of twenty one years the state absent a misrepresentation all that sexual assault conviction would note that the middle miss in this case does not reflect in the eighty five percent indication for the home invasion moros the department of corrections website indicate that they're holding mr games to eighty five percent on the home invasion so in terms of the aspects of our brief  are definitely withdrawing and there is no home vision is just a statement both by the prosecutor at sentencing as well as by the courts as regards to the  tell the extent of clinton's background is a misdemeanor offense in minnesota so it is a huge disparity in terms of their backgrounds which will and greater punishment because the defendant james in this statement i understand accounts are saying about how it is could be perceived to be a place for divine intervention and divine approval but that's now that i was in the square shouldn't mean the most passable reading into so if you run the bank can you shoot somebody if the shooting was in furtherance of the robbery because you shot the clerk who would give you money or you shy security guard who came after everyone is guilty of murder but if in the course of a robbery you're leaving and someone says you know while i'm here i think i'm going to go rape that one and it had no fruit in for the purpose of the regional plan that's i think where the defense would say you can't hurt those other people maybe a felony murder if there's some kind of a felony but under accountability another person saying a game retaliation or gang punishment type scenario in one person who's a member of the game will bring out a gun in and murder the individual or the plane was never some new really an individual and yet everyone is responsible in that regard for for them some point it was not a completely unrelated scenario was understand why you're not arguing that the criminal sexual assault was a separate act but that they joined in on that too well you know there were so is there are really two different from yours that's what i thought you were going to say  sexual assault the right and so bad it was clearly within the scope of the plan of trying to first the people there to give them what they were trying to find which was the drugs in money which it literally did think that that's why they're meeting and they specifically announced the reason why they were basically getting down with you know for a bar or something along those lines for you to cut these does a sexual assault there's no leaking between bat and what happens if a presumably sounds like that twenty to twenty five minutes later the timelines are a little unclear but we know from and your system only that this took about twenty or twenty five minutes from start to finish and that sexual assault occurred just before the cops got there and so we have this gap in time now if you're right about it i think is that assault ok i just commit sexual assault there's no indication record and with absent that there is no that's again this is the state's burden to put that evidence on a trial had they wanted to do it they should have done