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 Input:
de novo on all issues bearing on the proper sentence.” Teffeteller v. State, 495 So.2d 744, 745 (Fla.1986). In noncapital cases, too, we have concluded that “resentencing entitles the defendant to a de novo sentencing hearing with the full array of due process rights.” Trotter v. State, 825 So.2d 362, 367-68 (Fla.2002); see also Galindez v. State, 955 So.2d 517, 525 (Fla.2007) (Cantero, J., specially concurring) (“We have consistently held that resentencing proceedings must be a ‘clean slate,’ meaning that the defendant’s vacated sentence becomes a ‘nullity’ and his ‘resentencing should proceed de novo on all issues bearing on the proper sentence.’ ” (citation omitted)); Walker, 988 So.2d at 8 (Altenbernd, J., concurring specially) (“Generally, courts have held that once a def A 1998) (<HOLDING>); Baldwin v. State, 700 So.2d 95, 96 (Fla. 2d 
 Holding statements: (A) holding that at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing (B) holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction (C) holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing (D) 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 (E) 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

Ex Output:
(D)


Ex Input:
677 F.3d 519, 543 (3d Cir.2012). Under the specific circumstances presented in this case, Lewis did not have an objectively reasonable expectation of privacy in his telephone conversation with White. Lewis knew where White was incarcerated when White called Lewis, as he had agreed to send Shavers and White mail there. Furthermore, Lewis was previously incarcerated at the same prison. Thus, he would have received a handbook alerting him that all telephone calls were recorded and been exposed to a document hanging in the common areas that notified prisoners that their calls might be monitored and recorded. In these circumstances, Lewis should have known that all outgoing prisoner telephone calls were monitored and recorded. See United States v. Sababu, 891 F.2d 1308, 1329 (7th Cir.1989) (<HOLDING>); United States v. Harrison, 986 F.Supp. 280, 
 Holding statements: (A) holding that prisoners have no reasonable expectation of privacy in their prison cells (B) holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company (C) holding that a nonprisoner had no reasonable expectation of privacy when speaking to a prisoner on the telephone because as a frequent visitor to the prison she was well aware of the strict security measures in place and that the code of federal regulations puts the public on notice that prison officials are authorized to monitor prisoners telephone calls (D) holding that the defendant had a reasonable expectation of privacy in a telephone booth (E) holding that no reasonable expectation of privacy existed in a prison visitor room where conversations took place between brothers and were surreptitiously recorded by state officials

Ex Output:
(C)


Ex Input:
conduct). Lacking explicit precedent in this state, we turn to other jurisdictions to seek guidance. In doing so, we find many other jurisdictions, particularly federal courts, including the Fourth Circuit Court of Appeals, have addressed the issue of the admissibility during the trial of threats against a witness made by the defendant. The federal court cases generally conclude such threats indicate the defendant’s “consciousness of guilt” and are therefore admissible pursuant to Rule 404(b) of the Federal Rules of Evidence. See U.S. v. Van Metre, 150 F.3d 339, 352 (4th Cir.1998); U.S. v. Guerrero-Cortez, 110 F.3d 647, 652 (8th Cir.1997) (acknowledging that “[a]n effort to intimidate a witness tends to show consciousness of guilt”); U.S. v. Gatto, 995 F.2d 449, 454-55 (3d Cir.1993) (<HOLDING>); U.S. v. Maddox, 944 F.2d 1223, 1230 (6th 
 Holding statements: (A) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (B) holding evidence of prior witness intimidation admissible to show criminal intent and guilty conscience (C) holding defendants false exculpatory statements admissible to show consciousness of guilt (D) holding that rule 404b evidence is admissible in rebuttal (E) holding criminal acts designed to reduce the likelihood of conviction including threats against witnesses are admissible under rule 404b as showing consciousness of guilt

Ex Output:

(A)