question, as is everything pretty much the defendant has said. so the state believes the motion should be denied. i will close by saying that even if the court felt compelled to grant at this stage a motion as to second degree murder, there remains the necessarily lesser included offense of manslaughter as to which there is no requirement of showing ill will or anything like that and therefore the state believes that even if, and we're not saying you should because i think i've made the point, but even if at a minimum, we'd proceed forward on that, your honor. >> i just want to make sure my rendition of the jenkins facts are properly presented to the court. i did not suggest that trayvon martin said he was a gang member, did not say he suggested he had a glock, did not say he suggested he was going to cap mr. jenkins. and actually, these facts are more serious than what that victim did in the jenkins case