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.

[Q]: Ill 1997). AirTouch alleges that the City’s denial will in effect prohibit it from providing personal wireless services because alternative sites leave “gaps” in its service or will be too costly to provide. a. Gap In Coverage AirTouch has presented evidence of a gap in coverage in its wireless services on the Fanita Drive-Highway 125 corridor from Navajo Drive to the Highway 52 Connector. (Tifft Decl. at ¶ 11.) Air-Touch argues that if a decision leaves “significant gaps” in wireless services, § 332(c)(7)(B)(i)(II) has been violated. The City argues that a mere gap is not sufficient; there must be a general ban for that provision to apply. AirTouch is supported by recent decisions of the Second and Third Circuit. See Sprint Spectrum, L.P. v. Willoth, 176 F.3d 630, 640-41 (2d Cir.1999) (<HOLDING>); Ho-Ho-Kus, 197 F.3d at 70 (3rd Cir.) (holding 
 Holding statements: (A) holding that  332c7biii applies only to blanket prohibitions and general bans or policies and not to individual zoning decisions (B) holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law (C) holding that  332c7b iii does not apply only to general bans and stating that prohibiting only general bans would 1 require a court to wait for a series of denied applications and 2 lead to the untenable result that once personal wire services are available within the jurisdiction of a state or local government  the state or local government could deny any further applications with impunity (D) holding that state bans on samesex marriage are unconstitutional (E) holding that a district court cannot require a unit of state or local government to abide by a consent decree that does not serve any federal interest
[A]: (C)


[Q]: ... clearly does not rise to the level of constitutional error when the failure was correct as a matter of state law.” 593 F.2d at 267. He noted also that “the highest court of Kentucky expressly held that the state trial court did not err in refusing to give the requested lesser included offense instruction.” I do not find any error in this conclusion. Shortly after this court decided Pilón, however, the Supreme Court invalidated on due process grounds an Alabama law which forbade the jury to consider a verdict of guilt of a lesser included offense in a capital case when the evidence would have supported such a verdict. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980). See also Hopper v. Evans, 456 U.S. 605, 611, 102 S.Ct. 2049, 2052, 72 L.Ed.2d 367 (1982) (<HOLDING>). Beck was concerned with imposition of the 
 Holding statements: (A) holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction (B) holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case (C) holding that due process does not require a lesser included offense instruction of manslaughter where not requested (D) holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given (E) holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature
[A]: (B)


[Q]: to apply a drug trafficking multiplier not employed at the prior sentencing to impose a sentence of seventy-two months. Trotter, 825 So.2d at 367-68. Similarly, in Roberts v. State, 547 So.2d 129, 130 (Fla.1989), the original trial judge imposed the maximum guidelines sentence of concurrent terms of twenty-seven years using an improperly calculated scoresheet. At resentencing, the new trial court imposed the same sentence by departing upward from the guidelines maximum of twenty-two years under the new score-sheet. We approved, holding “that it is proper for the judge to reconsider whether a departure from the guidelines is appropriate when the corrected guidelines score-sheet is before him on remand.” Roberts, 547 So.2d at 131; see Roberts v. State, 644 So.2d 81, 81-82 (Fla.1994) (<HOLDING>). We have already referred to the attendant 
 Holding statements: (A) holding that at resentencing on violation of probation trial court may revise guidelines scoresheet to reflect prior convictions mistakenly omitted from the original through no fault of the defendant (B) holding that state may not revoke probation for nonpayment of fine where probationer is unable to pay through no fault of his own (C) holding that even though the defendant did not challenge his prior convictions at the original sentencing lawofthecase principles do not insulate the state from proving them at resentencing (D) holding habitual sentence rendered guidelines scoresheet irrelevant (E) holding that where original sentencing judge imposed a guidelines sentence defendant could not be sentenced as a habitual offender upon violation of probation
[A]:
(A)