TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: holding that a defendant must demonstrate that he would not have pled guilty but for the error

PROBLEM: arm’s-length transaction or from making as prompt or searching investigation as might otherwise be expected. In some situations there is no legal duty to use means available for discovering the fraud.... We are not prepared to say, however, that one in a relationship of trust and confidence is always justified as a matter of law in neglecting every precaution until something occurs to arouse his suspicions. Courseview, 312 S.W.2d at 205; Duthu v. Pena, 228 F.3d 409, 2000 WL 1056126, at *7-9 (5th Cir.2000) (unpublished) (collecting cases). This case presents precisely the sort of intentional concealment of ill-gotten profits (in the face of a duty to disclose such profits) that allows a plaintiff to benefit from equitable estoppel. See Borderlon v. Peck, 661 S.W.2d 907, 908 (Tex.1983) (<HOLDING>);. Gibson v. Burkhart, 650 S.W.2d 185, 188-89 
 Holding statements: (A) holding a cause of action accrues once an injury has occurred and manifested itself (B) holding that because a physician lias a duty to disclose a negligent act or fact that an injury has occurred and physician failed to do so cause of action was deferred until victim learned of the right of action (C) recognizing negligent procurement to be a negligence cause of action (D) recognizing cause of action (E) recognizing the cause of action

SOLUTION: holding a cause of action accrues once an injury has occurred and manifested itself

PROBLEM: anything but voluntary. The evidence is therefore legally and factually sufficient to support the jury’s implicit rejection of Gokey’s involuntary act or conduct defense. Enhancement Allegations In his final two points of error, Gokey asserts the evidence is legally insufficient to support the trial court’s finding of true to the enhancement allegations because there is a material variance between the allegations and the proof. The State agrees the enhancement allegations recite a conviction in Chesterfield County, Virginia and the proof establishes a conviction in the Circuit Court in the City of Colonial Heights, Virginia. We must therefore decide whether variance between what was alleged and what was proved is material. See Human v. State, 749 S.W.2d 832, 836 (Tex.Crim.App.1988) (<HOLDING>). Prior convictions alleged for enhancement are 
 Holding statements: (A) holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material (B) holding evidence legally insufficient (C) holding variance in style of case pled for enhancement not material where defendant not surprised or misled to his prejudice (D) holding that multiple conspiracies instruction is required where there is possibility of prejudicial variance between indictment and trial proof and noting that such an instruction is designed precisely to cure the problem of kotteakos spillover  and would not cure other prejudicial variance problems (E) recognizing that evidence may be legally insufficient where there is variance between indictment allegations and proof

SOLUTION:
holding evidence legally insufficient