>> not in this situation, yurns, because that would result in a life recommendation. a 6-6 vote is tantamount to a life recommendation and the judge could not rely on that if he was -- were relying on the jury sentencing findings to satisfy ring. even if he weren't, like i said shall it's an exact:00 -- exacting knox state standard and the judge would be reversed for overturning that unless the appellate court determined that no reasonable jury in those circumstances could have imposed or recommended life. it's been since 1999 since any judge actually overrode a life recommendation. >> just so i understand it, you are saying that it is possible but under florida -- that under florida law the jury could -- would not find the existence of an aggravater and then there are different ways that this would come out, the hypothetical was a hung jury, that the judge could then proceed to find an aggravater and impose the death penalty. you say that isn't happening, but theoretically this could happen? >> only -- that could not happen consistent with ring, yurns, -- your honor,