what the insufficiency is with respect to the two false imprisonment convictions in false imprisonment in california is generally a misdemeanor unless there's an additional fact proven and that's evidence of malice in that there was a this was a confrontation and there have been a robbery immediately preceding this false imprisonment the first a prison that comes when the mr lancaster told the two men from santa clara to sit on a bench as a cyclist robot ok i guess i have a question about whether the question of whether or not there has to be a direct threat  them like maybe he has a weapon he's obviously scaring them half to death and taking their money and now you orders a misfit on the bench so they think on the manager and i can see a person making an argument oh well that's not so bad  that they said they were unfair does not establish there actually was a menace well but that means that's whether or not it's reasonable for them to be afraid of me is not a question for the jury well they may reflect on what what is happening and their perceptions you know it's really easy to say really it's really easy to sit up here cruel and calm if i were out in the street at night and somebody came up to me and said give me some money that's not enough grab my wallet from a knocked me out balance practically and then ordered me to sit somewhere maybe you wouldn't be scared i'd be scared and i think that person was menacing me and by the way looking objective lee if i were to fly on the wall  that's so far beyond the pale there's no menace under california law well let me assure you is one case that looks pretty strange in california making or something like nation which has been there was enough evidence to find this person you know since when is when or that they don't know they don't have federal standards they don't have to list every piece of record of evidence that shows up in the evidence jackson versus virginia requires that it's in reviewing the say no thanks i'll stand some people have a smart mouth and some of them get their heads blown off for having a smart mouth so you have a smart mouth he's not the primary person and i think he wasn't the primary person who there are similarities in that both have have long histories of criminal activity but there's a significant difference in that these strikes involve their prior strikes for appellate result this is a nine hundred seventy nine prior strikes he received ten year sentences for those cases you have to think this is one of the exceedingly rare cases right this guy with eight felonies six misdemeanors twelve parole violations in his  of the other distinction is is that an drafty his current confesses there were two of them and while they they were were both petty theft they did involve separate occasions which i think is a separate sort of in may please the court i think the next time i'm preparing for this panel i'm going to ask myself what the judge hernandez asked because i have checked off the very points i hope to make during this argument is posed questions to opposing counsel i think the achieving false imprisonment which do not involve violence so it was like somebody into staying somewhere by telling him something i mean you think the classical mr mean or false imprisonment would be when you restrain somebody physically but if it's force or violence exactly then then it's a felony in california so we don't even really need to reach that here because what we've got is the sort of implied minister version of it  threat correct it's an objective standard looking at what the defendant did although certainly the victim's reaction is very good evidence of what the effect of that action was a and the defendant walks up to them and the guy just stands there you know they weren't intimidated in a major way well i think outside the store they felt a little safer because there were people around isolated out in the dark by the bus stop it was it was a more dangerous situation and of course they were thinking and trying to keep the defendant calm and it ultimately led to his arrest they got all the description they needed to and the direction he went in and were able to you know tell the police all that i think actually the young men were just trying to keep their heads and i think that explains a lot of what they say to him i think they're trying to keep him calm because i think they really believe this is a for a gun in this belt conviction and current felony the robbery is a serious felony conviction there are six misdemeanors there are parole violations as the district court of appeal in california here found the defendant is exactly the type of person who must be segregated from society in order to protect the community from his utter disregard for the rights of others this pretty much sums up a poster child for three str history of disregard for the rights of others but in california that the length since prior is something that go beyond that for the misdemeanor such in the case of where violence is used to establish menace the violence making it a felony must exceed the violence that made it made the prey the restraint and the same