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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. ¶ 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor 
 Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance
[EX A]: (C)

[EX Q]: CURIAM. Appellant, John Mark Vaughan, Jr., filed a Rule 3.800(a) motion, claiming that his sentence was illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied the motion, finding that the sentence imposed under the unconstitutional 1995 sentencing guidelines could have been imposed under the valid 1994 guidelines. Unfortunately, the trial court failed to attach the relevant portions of the record to support this finding, which ordinarily would require reversal. See, e.g., Moore v. State, 741 So.2d 577 (Fla. 5th DCA 1999) (<HOLDING>). However, appellant failed to allege that the 
 Holding statements: (A) holding that when a movant successfully challenges an illegal prr sentence in a rule 3800a motion at resentencing the movant is entitled to be present at sentencing represented by counsel with an opportunity to present mitigating evidence (B) holding that burden is on trial court denying a facially sufficient rule 3800a motion to attach record establishing movant is not entitled to relief (C) holding motion for substitution of judge properly denied where movant failed to attach affidavit (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding that a rule 3800a motion that does not allege that the court records show the defendants entitlement to additional jail credit is facially insufficient
[EX A]: (B)

[EX Q]: that the law is rationally related to a legitimate state interest.” Id. at 536, 571 S.E.2d at 59. Defendant first argues that N.C.G.S. § 20-38.6(a) infringes on the right of a person charged with an implied-consent offense in district court to exercise his or her fundamental right to a fair trial, since it requires that such defendants move to suppress evidence' or dismiss charges pretrial without the benefit of any statutory right to pretrial discovery. We disagree. The United States Supreme Court has recognized that the fundamental right to a fair trial is “the most fundamental of all freedoms.” See Estes v. Texas, 381 U.S. 532, 540, 14 L. Ed. 2d 543, 549, reh’g denied, 382 U.S. 875, 15 L. Ed. 2d 118 (1965); see also State v. White, 331 N.C. 604, 616, 419 S.E.2d 557, 564 (1992) (<HOLDING>), cert. denied, 519 U.S. 936, 136 L. Ed. 2d 229 
 Holding statements: (A) recognizing a fundamental right to marry (B) holding right to be fundamental (C) holding that the right to vote is fundamental (D) holding that the right to drive is not a fundamental right (E) recognizing that a criminal defendants right to a fair trial is fundamental
[EX A]:
(E)