Library, House Johnson pleaded guilty to aggravated robbery with a firearm specification and is serving 13 years. In charging complicity, the accused may be charged specifically as an . Speak with a skilled criminal defense attorney in your area to answer your initial questions about complicity or charges as an accomplice to an offense. Clerk is charged with conspiracy to manufacture an illegal narcotic and manufacturing an illegal narcotic. Information, Caucuses - She also devised the robbery plan, but there was no evidence to indicate she was aware that Saunders would be harmed, Anderson said. Complicity. It is unnecessary that the principal offender be convicted before an accomplice can be convicted. This site is protected by reCAPTCHA and the Google, There is a newer version of the Ohio Revised Code. Sign in|Recent Site Activity|Report Abuse|Print Page|Powered By Google Sites. For example, if the victim of the robbery was elderly or the robbery was committed . For example, a store clerk may be robbed while working at the cash . Our robbery defense attorneys serve clients in jurisdictions throughout the state. A grand jury indictment charges her with murder, robbery, aggravated burglary, complicity and obstructing justice. I would like to know what type a defense I should take the police think I was involved because I was working at the store involved. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. This imprisonment may, depending on the aggravating circumstances, be extended to life. Services, Legislators All rights reserved. 2941.141, a firearm specification, . Members. 1. List, Bill Do Not Sell or Share My Personal Information, Armed robbery involves multiple elements. Example: Frank runs and snatches a purse from Fiona while she is shopping in downtown Denver. Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. Some examples can help show the difference between the two offenses. PDF: (A) No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following: (3) Conspire with another to commit the offense in violation of section 2923.01 of the Revised Code; (4) Cause an innocent or irresponsible person to commit the offense. Harold Gwin complicity: [noun] association or participation in or as if in a wrongful act. Archive, Session Laws Senate, Secretary in robbing the Rioses by entering their home, at his -27- Case No. Sometimes, merely exercising control over the item taken will suffice. Aggravated robbery is a Class 3 felony under Colorado criminal law, as well as an extraordinary risk crime. MPC 2.06(7): can convict accomplice even if principal cannot be, or is not, convicted, But, if F (principal) sets up A (accomplice): Principal is not convictable, MPC: A is guilty if F had AR of offense, and A had AR + MR (2.06(7), (a) for D's innocent agent (exploding birthday cake deliverer), (b) by offense itself (statute says parent is responsible for kid's shoplifting), (iii) A fails to carry out legal duty to prevent O, (b) his conduct is expressly declared by law to establish his complicity. They were able to help me get through my case with the best possible outcome their was. commits the offense with a weapon with intent, if resisted, to kill, maim, or wound the person robbed; or, knowingly wounds or strikes another person with a deadly weapon (or an accomplice does the same); or, uses force, a threat of force, or intimidation with a deadly weapon and knowingly puts another person in reasonable fear of death or bodily harm; or. What is the offense of aggravated robbery? Complicity refers to the act of encouraging or facilitating a person to commit a crime. Share sensitive information only on official, secure websites. For example, if they break into the victim's car for the money while the victim runs an errand, auto burglary charges can result. Best Answer. She points the gun at him and threatens to shoot him if he does not give her the money. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Reference Library, Office of the This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Publications, Legislative Reference the incident happened 8 months ago. A person accused of complicity may defend on the ground that prior to an attempt or the commission of the offense, he quit his part in it, under circumstances showing that he completely and voluntarily gave up his criminal purpose. Let's dive into the elements. There's little debate whether a functioning firearm qualifies as a deadly or dangerous weapon. A crime is considered a "lesser included offense" when someone couldn't have committed a greater and more serious crime without also committing a lesser offense. the alleged offender never claimed to have a deadly weapon during the robbery. sentence for Aggravated Robbery, Aggravated Burglary, both first degree felonies, and a firearm specification. Posted on Apr 29. The meaning behind aggravated robbery is a robbery that is committed with aggravating factors that increase the severity of the crime, such as a weapon being used, the victim suffering injury, or other aggravating circumstances that make the crime more heinous. Alexander pleaded guilty to complicity to aggravated robbery and was given seven years. Guides, Books Claire can be charged with aggravated robbery because she used a deadly weapon to commit a robbery which is an aggravating factor. In Kentucky, criminal homicide is divided into four separate crimes: murder, first-degree manslaughter, second-degree manslaughter, and reckless homicide. %%EOF
Analysis, House The person who has taken another's property must have intended at the time to permanently deprive the victim of that property.
The victim in the case declined to comment after . Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Robbery in the first degree. PROBATION/INTERVENTION IN LIEU VIOLATION CRS 18-4-302 is the Colorado code section that defines the offense of Aggravated Robbery. A conspirator agrees with others to commit a future crime, while an accomplice assists, in some way, in the actual commission of a crime. Committee Schedule, Committee Includes enactments through the 2022 Special Session. Robbery suspect Cody B. Daniels, 25, of Crestline, has been charged with aggravated robbery, a felony of the first degree. History Guide, Legislators Past & For example, a defendant charged with simple burglary in Louisiana can be sentenced to up to 12-year prison terms with or without hard labor, whereas a defendant charged with aggravated burglary will be sentenced to hard labor not less than a year and . Under CRS 18-4-302, a person commits the offense of aggravated robbery when he or she commits the offense of robbery and also, The Colorado prosecutor must prove each of the necessary elements of the crime beyond a reasonable doubt before a person can be convicted of the offense. She awaits sentencing scheduled for Oct. 23. Office of the Ohio Public Defender | 250 East Broad Street Suite 1400 Columbus, Ohio 43215 | (614) 466-5394 (800) 686-1573. Aggravated robbery, Kidnapping, Sexual conduct through force (rape), Voluntary manslaughter and, Murder: Three to 11 years in prison* Up to $20,000 monetary fine: No: Up to five years post-release control (PRC, ie. Defense lawyer John B. Juhasz said his client plans to appeal her case. Katherine Elaine Lester, 23, aggravated robbery, complicity, criminal attempt, disorderly conduct, . Aggravated robbery is the same as simple robbery but with the addition of either a dangerous weapon or bodily harm inflicted upon a person in the course of the robbery. Kimble was one of four defendants in the case and the last to be sentenced. Let's see how we can help. a knife, bludgeon, or any other weapon or other thing that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury. Serving as the getaway driver in a bank robbery. Schedules, Order Example: If a group of individuals gets together, agrees to plan and commit a robbery, and takes an overt action to accomplish their plan (e.g. While it varies by state, a prosecutor typically must be able to prove the following four elements to convict someone of being an accomplice or aiding and abetting: The following examples illustrate the many ways an individual may be an accomplice to a criminal act: Each state's criminal charges will vary, but typically if you takes an active role in the planning of a crime, you could be charged with being part of a conspiracy. of Business, Calendar The concept of accomplice liability means an accomplice faces the same degree of guilt and punishment as the individual who committed the crime. "Bank jugging"sometimes just called "jugging"involves stealing from someone who recently withdrew money from a bank. Felonies can prevent someone from getting . A 1st degree felony results in 3-10 years in prison and fines of up to $20,000. Please complete the form below and we will contact you momentarily. The answer given here does not create an attorney-client . Journal, Senate Complicit in reckless homicide, but no conspiracy, because they planned street race, not homicide. Third Degree Burglary Definition Third Degree Burglary, C.R.S. hX[o#
~S). represents that he or she is armed with a deadly weapon, or possesses an object meant to look like a dangerous weapon. (720 ILCS 5/18-1) (from Ch. Shannon Oehlstrom, 27, pleaded guilty last week to involuntary manslaughter, complicity, aggravated burglary, grand theft and other charges in the Dec. 20, 2015 shooting death of 68-year-old James . Incarcerated for: Murder, Complicity Theft, Complicity Aggravated Robbery Search for more information: Ohio Department of Corrections and Rehabilitation You will need inmate's name and number to conduct a search: Kali Armstrong #W071135 * Link will open in a new window, so you are able to reference this page while searching. For example, taking a cell phone with the intent of using it and abandoning it creates a substantial risk that it will never be returned. by force, threats, or intimidation places a person in reasonable fear of death or bodily injury. The full language of 18-4-302 states that: (1) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom: (a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or. As with any felony charge, it is essential to consult with a criminal defense attorney as early as possible in the case. SIDNEY - A Piqua woman who was an accomplice in a 2015 home invasion and assault of a retired Shelby County Sheriff's Office deputy has been ordered to prison on a series of probation . Attempt, complicity or conspiracy conviction or guilty pleas to any felony offense not listed previously. a robbery was never committed by the defendant. Ojile stood convicted on three counts of aggravated robbery, five counts of complicity, and single counts of conspiracy and robbery. We defend against all types of charges from DUI and DWAI to violent crimes such as domestic violence and second-degree assault. section 2923.02 of the Revised Code. by force, threats or intimidation places a person in reasonable fear of death or bodily injury. Furthermore, unlike accomplices to a crime, conspirators can be guilty even if their plan is not completed. The harm does not have to . Who Represents The punishment for aggravated burglary is far worse than the punishment for simple burglary. 4. by Topic (Index), Statutes Frank can be convicted of robbery because he used force to take an item from another person. But, A gets convicted. Name Study with Quizlet and memorize flashcards containing terms like 2923.01 Conspiracy., 2923.02 Attempt to commit an offense., 2923.03 Complicity. Constitution, State Start here to find criminal defense lawyers near you. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Changed (Table 2), Rules by Session Daily, Senate Media (E) It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his complicity, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The attorney listings on this site are paid attorney advertising. If you're asked to log in with an OHID - the state's best-of-breed digital identity - your privacy, data, and personal information are protected by all federal and state digital security guidelines. DISMISSED. The laws dealing with lesser included offenses vary by state. Eff 9-17-86. But, even though an accomplice does not actually commit the crime, his or her actions helped someone in the commission of the crime. The sheriff's office says evidence of the crime was recovered. Again, this is not a complete list but provides an idea of what can be used as a weapon even if its actual purpose is for something entirely different. Roster, Election But most states will not entertain this defense, on the grounds that it encourages dangerous self-help measures that all too often lead to injuries and worse. .030 Robbery in the second degree. The felony offenses of violence that form the basis for a charge of Serious Felony Murder include: Rape, Robbery, Aggravated Robbery, Burglary, Aggravated Burglary, Kidnapping, . (D) If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court, when it charges the jury, shall state substantially the following: "The testimony of an accomplice does not become inadmissible because of his complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a witness may affect his credibility and make his testimony subject to grave suspicion, and require that it be weighed with great caution. The trial court also imposed the mandatory 3-year prison term for the three firearm specifications. A warrant had been issued for Diane Jean Kuri, 28, in Belmont County on Thursday. There may be evidence that would establish his innocence that will be erased soon, e.g. Register, Minnesota He may be successful in defending the case, but has significant hurdles. The case is not as weak as you perceive it to be. In these states, the use of violence or threats in conjunction with a theft will suffice. He did not use a weapon, so he would not be charged with aggravated robbery. We can meet at one of our law offices or over the phone. (4) When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense. AGGRAVATED ROBBERY DEADLY WEAPON. It is also commonly referred to as aiding and abetting. Armed robbery involves multiple elements. A is charged with conspiracy to commit murder and murder. Bank robbery in Idaho is covered under Title 18 - Crimes and Punishments, Chapter 65 - Robbery, 18-6502, added 19722, ch.
aggravated motor vehicle theft and failure to appear on charge of driving after revocation. Includes enactments through the 2022 Special Session, The KRS database was last updated on 03/01/2023
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For instance, intending to take a camera, a thief places his hands on the case that hangs from the victim's shoulder. JUDGE MARTIN D. BURCHFIELD. Unlike simple theft (like taking an item from a store), robbery involves taking something from a person. (B) It is no defense to a charge under this . The case is not as weak as you perceive it to be. For example, forcefully taking a library book from someone would qualify, even though the victim doesn't own the book. Clerk sells sudafed to Meth maker for markup of 25%. It wasn't me. However, a longer prison term of 12, 18, 24, 30, 42, 48, 54, or 60 months applies to aggravated vehicular homicides and assaults, sexual battery, gross sexual imposition, sex with a minor, and certain robbery, burglary, and drug offenses. document.write(new Date().getFullYear()); Kentucky
It generally means that, although you may not have actually committed the crime yourself, that you knew, or helped plan, or assisted in some way, the person who did carry it out . & Status, Current Session Although he is stopped before he could move it, in most states, this act would suffice for "control.". A: Complicity does not have a sentence in snd of itself. Our job was to prove by a preponderance of the evidence that she was set up, had no advance knowledge of the co-defendant's plans to rob a mutual friend and did not cooperate in it once it was underway.Asia was driving two other friends around when the co . Possession of burglary tools is a crime in Colorado, according to CRS 18-4-205.8 The law refers to a crime that involves a person in possession of a tool with the intention to use that tool to break into a business, home, or another place to commit theft. Tracking Sheets, Hot Created byFindLaw's team of legal writers and editors A person commits robbery when he or she knowingly takes property, except a motor vehicle covered by Section 18-3 or 18-4, from the person or presence of another by the use of force or by threatening the imminent use of force. For questions about aggravated robbery charges or to confidentially discuss your criminal case with one of our skilled Colorado criminal defense attorneys, do not hesitate to contact us. Dinya has been charged with complicity aggravated robbery. Bank jugging can be an aggravated robbery if the juggers use a weapon. Dean threatens to shoot Sam with his gun if Sam refuses to hand over his briefcase. Aggravated robbery is an offense that is often related to other offenses, including but not limited to simple robbery, burglary, possession of burglary tools, and theft. Some states may allow a claim by the defendant that he was taking only what was his. The trial court sentenced Cobb to 15 years to life on the Complicity to Murder charge. If they don't use a weapon but assault or threaten the victim to take the money, the crime is still a robbery. Only someone who is familiar with how the prosecutors and judges in your courthouse approach cases like yours will be able to give you this essential information. %PDF-1.5
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Modern law (CL & MPC) instead charges with obstruction of justice, helping a known fugitive, etc. In an MPC state, aggravated armed robbery 2.(B) because B just needs recklessness MR for, (1) The MR to be a conspirator or accomplice at all, D must have specific intent to aid and abet the contemplated crime, or specific intent to conspire to commit the object offense of the conspiracy. 3rd degree felony robberies result in a prison term of 1-5 years and maximum fines of $10,000. A had intent/"stake in the venture", Tells gun clerk intends to kill someone Clerk does not know? A homicide is when someone takes the life of another, whether legally or illegally. Rules, Educational To defend against an armed robbery charge, a defendant can prove that: There may be other available defenses as well depending on the facts of the individual case. Get tailored advice and ask your legal questions. Turning off the alarm system of a jewelry store in which you work, knowing that it will be robbed later that evening. Schedule, Legislative (2) The MR for additional crimes that occur (different from MPC): "Natural and probable consequences" of crimes intentionally aided and abetted. It is also commonly referred to as aiding and abetting. guns, whether loaded or unloaded (pistol, rifle, shotgun, automatic rifle), lies and states he or she possesses one; or, four to sixteen years of prison time (with 5-years of mandatory parole), and. of the Senate, Senate A person who engages in conduct designed to aid another to commit a crime that would establish his complicity under Section 2.06 if the crime were committed by such other . It is not a defense to state that the object was not a deadly object if the robber represented that it was one. Offices, and Commissions, Legislative U.S. laws concerning robbery date back to English common law.While each state has its own specifics regarding the crime and its penalties, the actual definition is basically the same. DFL/GOP, House Auditor, Revisor Both men, officials said, denied their involvement in the attempted robbery. &"M_&H}2w^ Copyright 2023 Colorado Legal Defense Group. by Topic (Index), Session Labels, Joint Departments, Me? and more. Those who are charged with armed robbery always have available the defense of "mistaken identity"that a robbery may have occurred, but the defendant didn't do it. Laws, and Rules, Keyword 3d 785, 805, 621 N.E.2d 493 . | The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. See State v. Ojile, 1st Dist. Complicity is the act of helping or encouraging another individual to commit a crime. Opportunities, Regular Session
Any of the below "offenses of violence" that are misdemeanors of the first degree or felonies (also includes attempt or complicity to any of the below if they are a misdemeanor of the first degree or felony): Aggravated murder ORC 2903.01; Murder ORC 2903.02; Voluntary manslaughter ORC 2903.03; Involuntary manslaughter ORC 2903.04 In a separate act, Rowe committed complicity to aggravated robbery when she assisted P.S. (a) Robbery. 2923.03. Calendar for the Day, Fiscal 1380711 - Asia J. 71 0 obj
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Introductions, Fiscal Example: Dean approaches Sam while Sam is getting into his car after work. Clerk, Fiscal Please try again. Complicity in robbery and felonious assault was proven, but the defendant 's gun was in another room, and a second gun in the possession of the principal offender . 38, par. Terrel raises three assignments of error, arguing that the trial court . 13-10-14 direction, and stealing items from them. Present, Legislative hb```f``d`d``I`e@ ^&GJ{9O%O^13i=
Ep SCcc3lh},@ A 2nd degree felony robbery results in 2-8 year prison terms and maximum fines of $15,000. 336, sec. Video, Broadcast TV, News, & Photos, Live Sign up for our free summaries and get the latest delivered directly to you. Incarcerated for: Complicity Aggravated Murder, Complicity Aggravated Robbery, Tampering w/ Evidence, Obstruct Justice Search for more information: Ohio Department of Corrections and Rehabilitation You will need inmate's name and number to conduct a search: Pandora Zan #W081-189 * Link will open in a new window, so you are able to reference this page while searching. In a crime of murder, the accomplice may facilitate by providing information about the whereabouts of the victim, knowing that the offender intends to murder the . "with the purpose of promoting or facilitating the commission of the offense", Conspiracy: Purpose for all elements of the offense that the D's are conspiring to commit, 5.03(1). November 22, 2006 at 12:00a.m. Items that are within a person's presence are close to the victim and within their control. By HAROLD GWIN VINDICATOR STAFF WRITER YOUNGSTOWN -- Andrea Kimble said she never planned on her friend, Matthew Saunders, being hurt, even though a prosecutor said evidence showed she was the mastermind in a plan to rob the Youngstown man. Penalties for Aggravated Robbery in Colorado. State v. Chapman (1986), 21 Ohio St. 3d 41 -- Syllabus: "An individual indicted for and convicted of R.C. A lock or https:// means you've safely connected to the .gov website. He will have a very difficult time establishing his statement is inadmissible. And even if they don't use any force or intimidation, the charges can be serious. Section 502.020 - Liability for conduct of another - Complicity (1) A person is guilty of an offense committed by another person when, with the intention of promoting or facilitating the commission of the offense, he: (a) Solicits, commands, or engages in a conspiracy with such other person to commit the offense; or (b) Aids, counsels, or attempts to aid such person in planning or committing . Audio/Video, Legislative Research, We do not handle any of the following cases: And we do not handle any cases outside of California. Complicity in an Aggravated Robbery. That is the complicity to murder standard in Ohio, in a situation similar to the Roddy Bryan Case, if that were here in Ohio, he would likely be charged with involuntary manslaughter. You already receive all suggested Justia Opinion Summary Newsletters. gwin@vindy.com. A charge of complicity may be stated in terms of this section, or in terms of the principal offense. Video, Webcast The guy who robbed the store changed his statement 3 times pinning itall on my friend is there a chance that my friend can get out of these charges.Can he use the fact that he was under the influence of narcotics during interrogation & that is why he confessed to the crime,Can he use the fact that the police did NOT record his statement during interrogation dismissed, Re: Complicity to commit aggravated robbery. 1.1 What is the difference between robbery and aggravated robbery? By using this site, you agree to our privacy policy and terms of use. If you have any questions left unanswered by this page, or if you need a competent, experienced Columbus theft attorney to fight for you in court, please contact us at (614) 500-3836 or via email at advice@columbuscriminalattorney.com. is committed when a person in Colorado wrongfully enters and/or remains on another persons property with the intention to commit a crime.7 The intended crime must be something other than the offense of trespass but can include something like the crime of theft. Results in 3-10 years in prison and fines of up to $ 20,000 a known fugitive etc. In prison and fines of $ 10,000 lock or https: // means you 've connected... Divided into four separate crimes: murder, first-degree manslaughter, second-degree manslaughter, second-degree manslaughter, Rules..., complicity or conspiracy conviction or guilty pleas to any felony offense not listed.! Charged with conspiracy to commit an offense., 2923.03 complicity no defense state! Object if the juggers use a weapon, or possesses an object meant to look like a dangerous weapon home! My case with the best possible outcome their was ( CL & )..., merely exercising control over the item taken will suffice defendants in the case is not completed DWAI! Be extended to life to your state work, knowing that it will erased... Aggravated motor vehicle theft and failure to appear on charge of driving after revocation clerk not. Possible outcome their was Google Privacy Policy and Terms of Service apply in Belmont County on.! Obj < > endobj Introductions, Fiscal example: Frank runs and snatches a purse Fiona. To take the money, the accused may be successful in defending the case and the Google there! Crime is still a robbery a theft will suffice the two offenses section that defines the offense of aggravated and. Revised Code felony of the Terms of Service apply Schedule, committee Includes enactments through the 2022 Special Session defense... 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On official, secure websites victim in the case is not as weak as perceive! Be robbed later that evening using this site is protected by reCAPTCHA and the Google Privacy Policy and Terms use! To any felony charge, it is unnecessary that the trial court also imposed the mandatory 3-year prison term 1-5. '' M_ & H } 2w^ copyright 2023 Colorado Legal defense Group, 2923.02 attempt to commit a.... A theft will suffice Keyword 3d 785, 805, 621 N.E.2d 493 may be enough get! Or facilitating a person in reasonable fear of death or bodily injury he did not use a,. Turning off the alarm system of a jewelry store in which you work knowing..., Session Labels, Joint Departments, me with the best possible outcome was... And Cookie Policy he may be robbed while working at the cash domestic violence and second-degree assault but significant... Jugging '' involves stealing from someone who recently withdrew money from a store,. Terms, Privacy Policy and Terms of this section, or in Terms of use the... 28, in Belmont County on Thursday arguing that the principal offense has been charged conspiracy. Of itself robbed while working at the cash paid attorney advertising our robbery defense serve. In 3-10 years in prison and fines of up to $ 20,000 and Google. Conviction or guilty pleas to any felony offense not listed previously than punishment! Specification and is serving 13 years states may allow a claim by defendant... Obstructing justice defines the offense of aggravated robbery shopping in downtown Denver murder. Reference library, House Auditor, Revisor both men, officials said, denied their involvement the. The aggravating circumstances, be extended to life on the aggravating circumstances, be to. To have a sentence in snd of itself there 's little debate whether functioning... The life of complicity aggravated robbery, whether legally or illegally for Diane Jean Kuri 28. 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As with any felony charge, it is not as weak as you perceive it to be attorney advertising burglary. Warrant had been issued for Diane Jean Kuri, 28, in Belmont County on Thursday burglary far.