he was agreeing to so let's say there was no conviction and terry at that time yes the conviction wasn't entered until after the motion to vacate the sta ninth and that was so we don't see any reason why this would not apply he would not receive credit for that time prior to that judgment  asking that if it does go back in situ and if he's essentially just in a room monitored twenty four hours a day can't leave that basically incarceration and just like if you're deemed unfit and you're sent to a private hospital you get credit similar to drug treatment in that there had to be some decision whether to stay with you in that court there was a huge discussion on the restrictions of the confinement here there was no discussion she said that it's our policy to receive instead of incarceration and so as a general generally it is very degrees to state control that does not count as bond and is not home monitoring here jail for that time so he did not appear in court before the judge and during her for the judge and was there a concrete between the defendant and the judge with respect to that possible sanction happened here you saw him so he said there's that kind of general discussion it's more therapeutic but the point here is that she's not entitled to assyria at this point  put you into jail without a hearing one six six argument before i sit down the one who were never came out of the defendant's mouth or appeared in any of his briefs is successful completion of drug  custody of the department or while in custody prior to sentencing so determined so what does it mean prior to sentencing in this case actually has no effect because there was no successful completion of discretionary thing if you successfully complete the program the defendant can't possibly be saying i got a deal here and you're going and not only i broke a contractual agreement to the six that was required by drug court and now you're going to get it and now a lot of credit for that he doesn't get credit there are two parallel tracks that were happening here he had an offer he could he pleaded guilty he was a visionary told fifteen down time already in jail there is no credit but again since it suits successfully completed the drug treatment program in this case because of his plea agreement there still wouldn't be any credit why because what the court what we agreed to with the people who agreed to was if you successfully complete this program we're going to vacate the sentence and and the conviction and it's gone you can't kill somebody credit agreement in canceling the fans in the church with three drug drug charges and two of them are now in process the agreement with the state was if you go into drug treatment and language of the students and successful completion it's not just and here he didn't complete it he got kicked out of the program i don't understand why this is being i i'm having a hard time understanding  why you are even addressing this because he did not have one little successfully completed he didn't complete it entirely in the green beds council what i would say next time it would be helpful if you want us to have the benefit in your own jurisdiction it is to dismiss an appeal because of this waiver we do not argue the substance that this is a policy that i have been instructed to do in the past and that is why i took the tactic of just saying i don't even think we get to the discussion of this issue because there was a waiver in this case as defendant has waived his right to challenge he can eat anything that is mandatory such as the pretrial custody in jail when his attorney brought it up and challenge both the length of the sentence and the fact that he would not been given pre it cannot be imposed as a result of implementing a policy any kind of credit it's tantamount to someone who has in pretrial custody goes to trial has acquitted what are you going to give that person the you can't give him credit for the time he spent in discount you don't get it for having a back for doing something it's because we don't want to students people in prison longer than the backsheesh spent time in custody that's the sole reason behind it has nothing to do with successful completion of the