parents and for other than a lawful purpose we're asking that mr swaggers conviction be reversed based on insufficient evidence in order to prove the defendant guilty of an offense that's charged as an attempt even if it's with n a substantive stand shoot the state has to prove both an intent to commit the underlying offense and that the defendant took a substantial step towards successfully committing that offense in order to  as marine and attempting to look for her when for example in the persian case when there was a the offense was disarming a police officer they had offense included not only actually disarming the officer but it tempting to disarm the officer and when here try when you're analyzing whether an attempt has been committed whether it's under the term statute or whether it's included in the statute itself you still use the general principles a and in order to prove an attempt it's not enough just say i mean obviously this statement here which was rather not statement but his statement was if you want to come to my house and play with jets and she trains sure that's an intent to lure but that statement in and of itself is not sufficient to prove the next part of the statute or challenge which is that you are in dangerous proximity to actually  other than a lawful purpose there was really not a discussion i think he conflated the idea that these comments even an attempt to lure any but nat did not go on to say but what land cases where they were attempts to parent child those are cases where the defendant was essentially the defendant was trolling dallas three being his motor vehicle looking for a child that was isolated excuse me and entice it or seeking to entice the victim of the crime to go to the place contemplated for its mission so ensures that there shows his intent to lure  chance to you to view it yet if i knew how to use i put mine and i were confident i could get it to play i would probably want to play it for you but i think that video is very significant in determining into his car well now i have to pick him up and run to the car i think it depends on the facts you have before even in this case i don't think there is a first of all i don't think there was even a plan in this case and i think the video bears what the case is saying that merit preparation to commit an offense is not an attempt there wasn't even preparation here this was a chance encounter field look at the video that shows the encounter the turning talking again and lee but he was waiting for other people to be away from the child well that's actually not even an accurate representation what's happening in that case was he started walking toward the exit and there was a jewel employee pushing a cart so black his access to the exit so there wasn't any indication people were passing if you look at the video people are passing back and forth consistently during this day and it's i'm tired of it it's about a twenty five properly consider the evidence and don't primarily with the intent of separate state of the dangerous proximity or probability if the trial court didn't consider the evidence appropriately how can you proximity to success and why we're not talking about is there a possibility he is there are some proximity it's dangerous proximity and it's a situation where under these facts there's no contact no physical contact between the different and he's at least a few feet away from him he doesn't do anything after and he simply says you know his mother and sister are within a few feet of him his car is out in the parking proximity oh yes you're not seeing him i thought i heard you say that part for me you're not saying to a child abduction canard her if the opportunity presents itself you're saying are you saying that it has to be case here this was just an encounter where my client happened to pass by made very stupid comments to me you don't say to a child who's a stranger q do you want to come to my house but this statement was made evidence some model you know about here i think all things to me that you are saying that you don't believe the attack showed that he was lying wait a while and also i do have a list of the from the mouth penal code of conduct that they say could be held to constitute a substantial step and wind weight is one of them entire scene is won but they had the intent to lure here so there has to be something more than just an intent to lure because statement right standing right next to his car parking lot that might be different if the car were yeah i mean certainly and no one else was around sure and i don't think you know the years roll over or material as to what is said to the child not necessarily because i think in all those other cases where the defendant is driving down the street looking for a child i mean he isn't and he sees a child walking down the street playing self to act defendants in dangerous proximity success whether he speaks of the child or not now the statement made it into his intent but i think it's the fact of having instrumentality and being able to successfully implement it didn't mean that while he was in the jewel anything that was in the car brought him in more dangerous price and maybe just success and went to did he have other then a long haul purpose met may have gotten to you was intend saying there's no way i'm saying that under the circumstances here where he made these brief comments to the little boy little boy said no he turned and left ok so come on in the cases where the girls are walking down the street from school and he says he come people and you went up to a kid and say hey you want to come over to my house i've got these toys isn't that a little different than if he's driving down the street he's in close proximity to the child close proximity to achieving the result that he is trying to ach that as to the previous comments about my weight not being in the record detective coral testified that the defendant told you in the interview that you looked around to see if anybody was going to go past waited for the employee to go past and then well it's not the two sentences alone or honestly two sentences plus the materials in the man plus the fact that he waited for the child to be alone plus the fact that the parents were around things of that nature thing although i'm sure they were within  attempt to lure a child into a room into a motor vehicle or go in place so it there has to be some connection between the rain and one of the specified places at least for purposes of this charges other locations to so he went to a child on the street who was maybe standing with the other kids and said he didn't want to come to my house you're not near your house you're not near a car that kind of itself might show an intent to lure but there's no say the proximity of his home or whether or not the chandi what the proximity of the home was in the because the statute itself says the attempt is to lure the child into the motor vehicle or the welding pla fifty feet he can or if the cars outside the fifty feet gets are reasonable the content i think you just have to look at the particular facts and circumstances again you know there's a clear line with respect to the defendant being his vehicle going down the street finding an isolated child there isn't the like case law about the defendant makes the statement is that in and of itself enough which seems to be the direction the state is headed if you show me if his statement evidences and inten work then the state is saying that's all you need then maybe somebody who is a little bit more a little different than somebody like your client who has a boatload of dangerous proximity to success what is it that it gives opinion the likelihood of success may be greater than perhaps in the opinion of somebody like the three of us who you were everyone in the courtroom sitting here might be but i don't think his opinion of how close he used to success is really what matters so should we not take that into consideration in determining the distance of the baby and the distance of his home when starting fast enough reckoning because it does depend on the circumstances and it does depend on whether the defendant and there's a continuum from preparation to successful commission  somewhere along this line and i can't say in every case if a defendant makes a statement to a child coming to my house or coming to my car and he's not right next to his car right next to the house i don't know that in all circumstances that would mean there's not that dangerous for somebody to success in this case under the circumstances here if there wasn't one more question before you go get this mclaren brought up with the state because when you were up here you were saying that the i think certainly this is a lot more objective factors at work when you're looking at proximity to success and tend out these these subjective determination but i think it's fair to say that it's a more objective test with