the first issue is the insufficiency of the state's case to the fianna that there is no crime when you are a person who is in your own doorway of your own house and have no criminal knowledge of been one theme around now first of all under this the exploitation statute there has to be actual precedence which we don't have here because my client did occupying the same plays with anyone else much less the complaining witness because he because she did not capture her there wasn't anything specifically sexual it was just his interest in a fourteen year old bride to be interested in the fourteen year old girl is is the post to be his attractiveness and what is ha block how did he know she i mean that's not reasonable to believe you didn't think she wouldn't come back that's where she lived where was she going to go most if that were the standard of what transcends analogy  counsel believes that this child victim was not in the presence of the defendant in this is a place that was easy and he could do as he wished without making a specific constitutional maybe not in the presence of each other but here we have presidents they were interacting with each other they could clearly see each other and i was calling out to her she was motioning to her he was waving her hand we can say that when they're close enough to interact that definition that she referred to and the only facts in this case obviously being more than likely to be an arm's length of each other but they were interacting together he came outside of his house and she was across the street there's no requirement that they eat within arm's length of each other clearly where they're interacting with each other that has to be enough to be in the presence they could see each other they could hear each other they could interact and the judge found that testimony credible there isn't any evidence to support that this was just a guttural sounds that he made or he was just not knowing that she was there and not knowing that she's there isn't the standard record and considering this friend it's not for propensity he considered it for a limited purpose he said that on the record and he didn't there wasn't any evidence that he considered that evidence for propensity he was very clear on the record human to clear my name and intent was an issue in this case the defendant was our man i didn't know there was a girl out there i didn't know if she could allowing you to where we don't know exactly what the defendant's going to say if you're going to say anything that you could have waited and maybe that would have been better practice but he did and he said he was going to it's clear under the statute that the legislature uses the terms term and period of probation and has and then interchangeably and there isn't any authority for the argument that a court would be slight change in our name and we're looking at ineffectiveness and typically that's something they can be outside of the record because as you discussed counsel and his client are probably going to discuss this off the record can't go back to jail so if you attempt to or not serve that purpose well we don't usually hope that that's going to happen correct i think the states statement that the probation was supposed to be rehabilitated term as opposed to a punishment term therefore make sense in this case crack so so that's why that's why it makes no sense for him to get up off the three hundred sixty four days every one of those acts he also uses known to resolve credibility issues which is improper and then the other thing in his findings he never mentioned any of those other interactions that that the state is saying or the equivalent of the closure correct and that's that's why it's ineffective assistance of counsel and i do have one more point if i still have time i doubt ever about my client would be in the neighborhood and the people living in the neighborhood they could see that the state is saying that they could see him that is that he's reasonable and all the people in the neighborhood know that this is not standard tech that's one of the reasons why we have special presence as a reason