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.

Input: Consider Input: that he was on S.L.’s property, and he admitted that he took cigarettes and a lighter from the patio table. According to the recorded statement that Andrus gave to Detective Le-wállen, after' entering S.L.’s garage, An-drus changed his mind about being on S.L.’s property and decided to leave. The evidence at trial shows that Andrus did not have permission to be on the property or in S.L.’s garage or breezeway. Given the circumstances proven by the evidence admitted during Andrus’s trial, the jury could have reasonably inferred from the evidence that Andrus, when entering the garage or breezeway, intended to commit theft under a standard of beyond reasonable doubt even if he later changed his mind - about committing a crime. See Mauldin v. State, 628 S.W.2d 793, 795 (Tex.Crim.App.1982) (<HOLDING>); Solis v. State, 589 S.W.2d 444, 446 
 Holding statements: (A) holding defendants plea to indictment alleging 8000 theft was not an admission to the theft amount (B) holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element (C) holding that the defendants entry into the building having been made in the nighttime without the consent of the owner is sufficient to show an intent to commit theft (D) holding that the plaintiff must show felonious intent to commit theft in order to establish a violation of section 8120141 (E) holding that the consent of the driver was invalid when the officer knew that the passenger was the owner of the automobile

Output: (C)


Input: Consider Input: of purely legal questions, such as whether a given set of facts alleged by the plaintiffs would demonstrate a constitutional violation. 4 . We note that the record contains no indication that the OSHP employs explicit racial criteria or admits to racially-motivated decision making. If such a showing could be made, the plaintiffs would not need to establish the existence of a similarly situated class that was not investigated. See Brown v. City of Oneonta, 221 F.3d 329, 337 (2d Cir.2000) ("[I]t is not necessary to plead the existence of a similarly situated non-minority group when challenging a law or policy that contains an express, racial classification.”), cert. denied, — U.S. -, 122 S.Ct. 44, 151 L.Ed.2d 16 (2001); cf. United States v. Ovalle, 136 F.3d 1092, 1104-05 (6th Cir.1998) (<HOLDING>). "In its more recent pronouncements on laws 
 Holding statements: (A) holding that it is unnecessary for criminal defendant to establish threeprong test for discrimination in grand jury selection where there is direct evidence of exclusion based upon race (B) holding that a defendants guilty plea   forecloses independent inquiry into the claim of discrimination in the selection of the grand jury (C) holding that racial discrimination in selection of grand jurors compelled dismissal of indictment (D) holding that although there was evidence of discrimination based on race there was insufficient evidence to support a finding of constructive discharge (E) holding that it is error to conduct most of the jury selection process in the absence of the defendant

Output: (A)


Input: Consider Input: because the increased sentence was based on the additional fact-finding that “parole or probation failed to deter defendant from committing further offenses”) (internal quotation marks omitted); United States v. Leach, 325 F.Supp.2d 557, 561 (E.D.Pa.2004) (concluding that “Blakely renders [it] impermissible” for the judge to consider the fact that the defendant was on probation at the time he committed the offense). B. The Trial Court Did not Abuse its Discretion in Sentencing Huber in the Aggravated Range Having concluded that it was proper for the trial court to consider the fact that Huber was on supervision at the time of the offense, we must now consider whether the court abused its discretion in determining that this fact justified aggravation. See Lopez, 113 P.3d at 727 n. 11 (<HOLDING>). Given the proximity in time of the preceding 
 Holding statements: (A) holding that arizona rule of civil procedure 52a requires the court to find only the ultimate facts not the evidentiary facts upon which the ultimate facts are based (B) holding that denial of amendment is within discretion of trial court (C) holding that a district court has wide discretion to modify an injunction based on changed circumstances or new facts (D) holding the record did not contain enough facts to determine whether the statute was constitutional as applied to the particular facts and circumstances of the case (E) holding that the determination whether relevant facts are extraordinary aggravating circumstances  is a conclusion of law that remains within the discretion of the trial court if it is based on blakelycompliant or blakelyexempt facts


Output: (E)