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.

[EX Q]: 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
[EX A]: holding that a defendant must demonstrate that he would not have pled guilty but for the error

[EX Q]: though it may be more expedient for the legislature to redraft the statute in its entirety. See Hill, 202 Ill. 2d at 156; McDougall, 389 Ill. at 155. Defendant further contends that the decision by another division of this appellate district in In re E.H., 355 Ill. App. 3d 564 (2005), which he claims held section 115 — 10 to be facially unconstitutional en toto, is “controlling.” We begin by initially noting that defendant misstates the effect that the decision of one appellate court panel has upon the subsequent considerations of another. We are not bound by the decisions of the other divisions of this district so that even if E.H. held as defendant claims, it would not be “controlling” over our analysis. Muller v. Health & Hospital Governing Comm’n, 106 Ill. App. 3d 383, 386 (1982) (<HOLDING>), rev’d on other grounds, 93 Ill. 2d 543 (1983) 
 Holding statements: (A) holding res judicata applied to improper property division before holding parties were bound by their division agreement (B) holding that appellate court is not bound by the agencys interpretation of a statute or its determination of a strictly legal issue (C) holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending (D) holding itself not bound by the opinion of another division of its own appellate district (E) holding that this court is not bound by decisions of the appellate division or the third circuit even where those decisions concern the same parties and legal issues
[EX A]: holding res judicata applied to improper property division before holding parties were bound by their division agreement

[EX Q]: in this case. Defendant’s quantitative takings are relatively small— SCQuARE for Dummies contains much less material than the copyrighted SCQuARE Manual, and SCQuARE and the Continuous Promise is even less inclusive. (PL’s Mot. [67] at Exs. 1,13, and 16.) Both works are designed to be presented in approximately half an hour, as opposed to the 24 to 26 hour training required to present the material in the SCQuARE Manual. (DSMF [48] at ¶¶ 12, 27, 29.) On the other hand, SCQuARE for Dummies, and to a lesser extent SCQuARE and the Continuous Promise, incorporate, and were intended to convey, the very essence of the SCQuARE Manual. (Id.; PL’s Mot. [67] at Exs. 13 and 16.) Thus, defendant’s qualitative takings are arguably significant. See Harper & Row, 471 U.S. at 565-66, 105 S.Ct. 2218 (<HOLDING>), and Cable/Home Commc’n Corp. v. Network 
 Holding statements: (A) recognizing that the fact that a substantial portion of the infringing work was copied verbatim is evidence of the qualitative value of the copied material (B) holding that the two elements of a copyright infringement claim are 1 the plaintiff owns a valid copyright right and 2 the defendants copied constituent elements of the work that are original (C) holding that defendant who had copied plaintiffs perfume formula had a right to market it under defendants name because it identified to public plaintiffs product as competition (D) holding that where the plagiarized material comprised 35 of the work and the commercial value of the whole was likely attributable in some part to the remaining 65 percent 50 percent of the profits were allocated to the infringing material (E) holding that the third factor disfavored fair use because the defendant copied a qualitatively substantial portion of the original work even though the defendants copied only approximately 300 words out of the 200000 words in the plaintiffs work
[EX A]:
holding that the two elements of a copyright infringement claim are 1 the plaintiff owns a valid copyright right and 2 the defendants copied constituent elements of the work that are original