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]: or “plain error” exists. See, e.g., State v. Brown, 853 P.2d 851, 853-54 (Utah 1992); State v. Gibbons, 740 P.2d 1309, 1311 (Utah 1987); State v. Steggell, 660 P.2d 252, 254 (Utah 1983). In the present case, or in any similar case, the only way that a defendant could challenge the constitutionality of section 78 — 3—31(6)(a) would be first to consent to a hearing by a commissioner and then to challenge the validity of that very consent. Such a procedure would likely be futile inasmuch as it would invariably result in the withdrawal of the consent, either by the defendant or by court order. Indeed, absent the approach taken by Ohms, it is unlikely that section 78-3-31(6)(a) would ever be subject to constitutional scrutiny. This is precisely the sort of exceptional circu Ct.App.1990) (<HOLDING>). For example, a legislator cannot appoint 
 Holding statements: (A) holding that utah const art vi  1 limits legislatures ability to delegate legislative powers or functions to others (B) holding that the governor of new york has only those powers delegated to him by the state constitution and the statutes (C) holding that the contact clause reaches every form in which the legislative power of a state is exerted whether it be a constitution a constitutional amendment an enactment of the legislature a bylaw or ordinance of a municipal corporation or a regulation or order of some other instrumentality of the state exercising delegated legislative authority (D) holding that crime definition and penalty powers are essential legislative functions that cannot constitutionally be delegated by the utah legislature to any other person or body (E) holding that legislative functions such as powers of zoning and rezoning cannot be delegated
[EX A]: (D)

[EX Q]: testified that he examined bullets and casings found at both S & A Food Store and Fast Freddy’s. He concluded that the .9 millimeter used in the S & A offense was also fired during the Fast Freddy’s offense. Therefore, the State’s evidence showed a strong correlation between the S & A offense and the Fast Freddy’s offense, providing both intent and identity evidence in the Fast Freddy’s offense and eliminating the need for the Vogt Street offense. c. No Need for Vogt Street Offense The evidence outlined above shows that the State’s evidence of Russell’s intent in the Fast Freddy’s offense was strong; therefore, the need for the extraneous Vogt Street offense was minimal at best. See Montgomery, 810 S.W.2d at 390; Graff v. State, 65 S.W.3d 730, 740 (Tex.App.-Waco 2001, pet ref'd) (<HOLDING>). The State’s evidence showing Russell’s intent 
 Holding statements: (A) holding that the cumulative effect of the evidence was sufficient to establish that defendant constructively possessed the methamphetamine laboratory discovered in a bedroom she shared with a renter (B) holding that methamphetamine retained for personal use by the defendant who had been convicted of conspiracy to distribute the substance and never argued any of the methamphetamine was lawfully obtained was properly considered contraband with which he was directly involved and therefore relevant conduct (C) holding that the enhancement applied where the defendant possessed a firearm in connection with possessing methamphetamine (D) holding the state did not need this evidence of possession of 147 boxes of cold pills used to manufacture methamphetamine because the state had other convincing evidence to establish the defendants intent to deliver methamphetamine (E) holding that the state is not allowed to suppress evidence but it need not collect evidence for the defendant
[EX A]: (D)

[EX Q]: file his § 2254 petition, see Lawrence, 421 F.3d at 1226-27; and (2) the co-defendant's affidavit — indicating that neither he nor San Martin knew about a murder plan — is not evidence of actual innocence of the crime or the death penalty, see Sibley, 377 F.3d at 1205. The district court reasoned that regardless of whether Petitioner planned to kill another person, the murdered individual was killed while Petitioner perpetrated a robbery, which still constitutes first-degree felony murder under Florida law. Moreover, the court said, the death penalty remains permissible because Petitioner never challenged several of the aggra ew affidavit in the Statement of Facts is not enough to preserve the issue for appeal. See La Grasta v. First Union Sec., 358 F.3d 840, 847 n. 4 (11th Cir.2004) (<HOLDING>); Greenbriar, Ltd. v. City of Alabaster, 881 
 Holding statements: (A) holding that a partys reference to having made an argument before the district court in the statement of facts is not an adequate substitute for elaborating on the merits of the argument on appeal (B) holding argument not asserted before district court is waived on appeal (C) holding that this court need not address the merits of an argument raised for the first time on appeal (D) holding that an argument not made to the circuit court cannot be raised on appeal (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
[EX A]:
(A)