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>> in any event, i'll look at that. >> i want to make sure i give you the right citation. >> it's clear that the state must convince the court that the unique facts of this case -- >> of course. always the facts have to fit into it. that's not the issue. the issue is whether or not, if the facts fit into it, do they get a second degree -- second category 2 instruction. >> there is the state's proposed special jury instruction regarding the definition of great bodily harm as well. >> i'm sorry. >> my understanding the defense objects to that in it's entirety and obviously, i don't intend to pla...

>> well, i'll cite you to i think it's johnson versus state. >> in any event, i'll look at that. >> i want to make sure i give you the right citation. >> but it's clear that the state must convince the court that the unique facts of this case -- >> always the facts have to fit into it. that's not the issue. the issue is whether or not if the facts fit into to they if do they good eet the instruction. >> my understanding is the defense objects to it in it entirety, but we can discuss placing it if we wish -- >> let's get it on the record. state's proposed special jury