after someone was found on cured or restored to mental health and then ask that the criminal sentence somehow be vacated but that's another possibility that could have hearing and i guess the two fourteen zero one petition or something of that nature there was a reference to the fact that they were going to do with real weight certified question motion ok did that ever happen i don't read it i don't believe thank you very much i but apparently that did not happen so do we have any problems hearing this when that might still be out there pending i don't believe it in thing was done in that inspected still why it was discussed on the record there's no indication that there was anything that there was any follow through on that so i don't believe this court is in any way restricted in hearing this appeal it's just a street appeal at this point ok but the legit leave it in there all under the same name the number because that's what the can do once these differences but isn't the bottom line here that the state has to pick one of the other you know well let me qualify that in a particular charge say if we were just proceeding we only had the charge involving this king with and then you take another case and just try petition but don't sentence and don't ask him to plead guilty and that's what you're saying i think an important part of this is money in my ear aren't to answer the question first yes and so that's your point yes i think in particular in this case that is the procedure that was sought and pursued and initiated by the defendant in their cheese it's unfair to the state and the prosecution that it was initiated by the defendant's attorney and this is you know a significant reduction i think the trial court referred to that as a much less dire sentence in this case as i said there were four victims we generally talk about three different victims and incidents i don't really know what happened to the fourth but in this case he got the criminal conviction and pled guilty to t offenses and got extended term sentences for a total of fifty five years presumably had we not set this process in place and agreed to what he wanted he would have had to either plead guilty to the third i think that what you have to look at is that idea this is i don't see it as mutually exclusive for pleading to the situation believe there was a fitness for a trial examination and that one is he was found to for trying so obvious fit for a trial i believe that he can then be both similarly criminally pursued are separate charges and well we have if he can and his attorney can request and ask them then i think that shows that you can come up with th i have to disagree with that i think that in this unique circumstance here where it is the policy pursued and invited sought after by the defendant it does not defeat the legislative purpose the legislat he's getting treatment so that when he is released hopefully he will have overcome his issues and he will not create further so the defendant instead of getting out you know after each year sentence or after  hundred year sentence he has the chance to get out at fifty five well i agree with reduction of sentence you know much sooner but this is certainly serving his purpose he is serving a sentence which protects the public he because of the sexually dangerous person he's getting treatment so if in fact when he is no longer sexually dangerous at the end of his criminal sentence on the other charges d it doesn't you know derisively it doesn't condemn or say that it was wrongly decided it very carefully distinguishes what happens there in galveston it was  there was one charge defendant both his criminal conviction and his simple commitment based on that one charge and that is the big distinction that bernard made is that there are multiple charges and it's not just of questions you know will what's the remedy and what happens you know if you in fact the kid does this mean the state can then go back and pursue criminal charges in relation to pamela's elders and then the ne conviction and a civil conviction i think her name makes the distinction that if you got multiple charges you know there are concurrent sentences in a lot of different case and this section nine and ten over top of her view most of all commitments that's the reason that these types of civil commitments and then want to know is because there is review and potentially conditional release which allows the public to be protected under sort of parole conditions th is one of the other at some point where as so in that situation in that situation they would have to make their decision about how they want to hear his confinement to go forward but if they criminal we punish