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: 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
****
Q: with the court, that Mr. Peralta has been granted a labor certification pursuant to a subsequent application filed by his employer. He has been awarded all of the relief that he sought, and there is consequently no live controversy concerning the original denial of his application for the same position with the same employer. As to the appellants whose employers have re-filed new certification applications that are currently pending, we do not think their claims are mooted. In contrast to Mr. Peralta, these parties have not yet received the relief originally sought and thus their original claim that the denial of their first certification application was arbitrary remains a live controversy. See County of Los Angeles v. Davis, 440 U.S. 625, 631, 99 S.Ct. 1379, 59 L.Ed.2d 642 (1979) (<HOLDING>). 3 . Actually, even after a certification is 
 Holding statements: (A) holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending (B) holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided (C) holding that appeals are moot when appellate courts can provide no effective relief (D) holding that a case is not moot so long as the court can fashion some form of meaningful relief for the injured party (E) holding that a previously live case can become moot only if interim relief or events have completely and irrevocably eradicated the effects of the alleged violation

A: holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending
****
Q: she failed to file a charge of race discrimination with the EEOC within 300 days, as required. See D.C.’s Mem. at 12-15. The District is correct. The plaintiffs addendum was filed 718 days after the alleged discrimination, and plaintiffs full EEOC charge was filed 1109 days after the alleged discrimination. These are plainly outside the applicable time limits. Moreover, the plaintiffs subsequent filings cannot be said to “relate back” to the original EEOC charge, as they add an entirely new substantive theory. See, e.g., Marshall, 536 F.Supp.2d at 67 (“[W]here administrative complaints for discrimination based- on sex, race and retaliation do not mention critical facts relevant to an age discrimination claim, the later filed age claims do not relate back.”); Wilson, 767 F.Supp. at 306 (<HOLDING>). The District has met its burden to prove a 
 Holding statements: (A) holding that an original eeoc charge is sufficient to support  a civil suit under the act for any discrimination  developed in the course of a reasonable investigation of that charge provided such discrimination was included in the reasonable cause determination of the eeoc (B) holding that claimant exhausted administrative remedies only as to the complaints made in the original charge and factually related claims that reasonably could be expected to grow out of the administrative investigation of that charge (C) holding eeoc could maintain an action alleging discrimination against women and minority groups although the original charge alleged only discrimination against males (D) holding that because the amendment added a new substantive theory which is fundamentally distinct from the original race discrimination charge it did not relate to or grow out of the plaintiffs original eeoc charge (E) holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number

A:
holding that an original eeoc charge is sufficient to support  a civil suit under the act for any discrimination  developed in the course of a reasonable investigation of that charge provided such discrimination was included in the reasonable cause determination of the eeoc
****