In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: trial court wide latitude in sentencing...." State v. Bluff 2002 UT 66, ¶ 66, 52 P.3d 1210. "Generally, we review sentencing decisions to determine whether the court exceeded its permitted range of discretion, and we will reverse only if we determine that the trial court has failed to consider all legally relevant factors, or imposed a sentence that exceeds legally prescribed limits." State v. Malaga, 2006 UT App 108, 1 12, 182 P.3d 708 (quotations and citations omitted). ANALYSIS I. Admissibility of Evidence T9 Defendant asserts that the trial court committed plain error when it allowed two witnesses to testify as to the children's credibility in violation of State v. Rimmasch, 775 P.2d 388 (Utah 1989), and rule 608(a)(1) of the Utah Rules of Evidence. See Rim-masch, TIS P.2d at 392 (<HOLDING>); see also Utah R. Evid. 608(a)(1) ("The 
 Holding statements: (A) holding that rule 608a1 bars admission of an experts testimony as to the truthfulness of a witness on a particular occasion (B) holding rule applicable to witness (C) holding plaintiffs waived their right to appellate review of the admission of an experts testimony by failing to object to it at trial (D) holding that even if an experts testimony arguably embraced the ultimate issue such testimony is permissible as long as the experts testimony assists rather than supplants the jurys judgment (E) holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion

A: holding rule applicable to witness
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Q: Sept. 3, 1998)(variance is not material “where the allegations and proof substantially correspond, the variance is not of a character which could have misled the defendant at trial and is not such as to deprive the accused of his right to be protected against another prosecution for the same offense”). A material variance is sometimes referred to as a “fatal variance.” We have not been consistent in requiring materiality, but have sometimes reversed upon a finding of variance without exploring the further question of materiality. Compare Rowan v. State, 57 Tex.Crim. 625, 124 S.W. 668 (1910)(variance is not material unless it could mislead defense or expose defendant to danger of subsequent prosecution for same offense); Plessinger v. State, 536 S.W.2d 380 (Tex.Crim.App.1976)(<HOLDING>) with Pedrosa v. State, 155 Tex.Crim. 155, 232 
 Holding statements: (A) holding that a defendant must demonstrate that he would not have pled guilty but for the error (B) holding that heightened evidentiary standard of proof is not required where the sentencing enhancement is based entirely on the extent of the conspiracy to which the defendant pled guilty (C) holding that where a defendant is misled and induced to plead by his counsels mistaken advice then he may be allowed to withdraw his plea (D) holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material (E) holding variance in style of case pled for enhancement not material where defendant not surprised or misled to his prejudice

A: holding that a defendant must demonstrate that he would not have pled guilty but for the error
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Q: to suffer irreparable harm in the ab sence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 129 S.Ct. 365, 374, 172 L.Ed.2d 249 (2008); see also Stormans, Inc. v. Selecky, 586 F.3d 1109, 1126—27 (9th Cir.2009) (quoting Winter, 129 S.Ct. at 374). A plaintiff also may obtain a preliminary injunction upon a showing of “serious questions going to the merits and a hardship balance that tips sharply towards the plaintiff ..., so long as the plaintiff also shows a likelihood of irreparable injury and that the injunction is in the public interest.” Alliance For the Wild Rockies v. Cottrell, 622 F.3d 1045, 1046 (9th Cir. 2010) (internal quotation marks omitted) (<HOLDING>). “In all cases, the burden of persuasion 
 Holding statements: (A) holding that the slidingscale standard for granting preliminary injunctions survives winter v natural resources defense council inc 555 us 7 129 sct 365 172 led2d 249 2008 (B) holding that the serious questions approach survives winter when applied as part of the fourelement winter test (C) holding that the slidingscale approach also survives winter in the context of stays (D) holding that parole survives deportation (E) holding that a serious questions version of the sliding scale approach to preliminary injunctions survives winter

A:
holding that the slidingscale standard for granting preliminary injunctions survives winter v natural resources defense council inc 555 us 7 129 sct 365 172 led2d 249 2008
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