instruction:
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.
question:
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
answer:
holding that a defendant must demonstrate that he would not have pled guilty but for the error


question:
and Waste Control Specialists. LLC v. Sierra Club, appellate cause number. 03-12-00335-CV. 4 . See Sierra Club v. Texas Commission on Environmental Quality, cause number D-l-GN-12-001586. 5 .Despite this, the trial court issued a written order denying the motion twenty days after the deadline for ruling on the motion had passed. The order — though included in the record on appeal — is of no effect. Jain v. Cambridge Petroleum Grp., Inc., 395 S.W.3d 394, 396 (Tex.App.-Dallas 2013, no pet.) ("The trial court's signing the order denying the motion [to dismiss pursuant to the Act] after it was already denied by operation of law is legally of no effect because the motion to dismiss was already denied.”); reran v. Fryer, 586 S.W.2d 699, 700 (Tex.Civ.App.-Cor-pus Christi 1979, writ ref'd) (<HOLDING>). 6 . Appellees also insist that Sierra Club 
 Holding statements: (A) holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions (B) holding court lost jurisdiction to enter its order after thirty days and the motion was denied by operation of law (C) holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed (D) holding that a district courts order of dismissal with prejudice was a nullity because the court lacked jurisdiction (E) holding that an order purporting to overrule a motion for new trial that had already been overruled by operation of law was a nullity
answer:
holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions


question:
cases holding particular sanctions to constitute non-punitive regulatory measures have served far clearer and more substantial societal interests than the attenuated justifications provided for felon disenfranchisement. For example, in Hendricks, the state civil commitment law held to be non-punitive was intended to protect the public from dangerous mentally ill persons “likely to engage in ‘predatory acts of sexual violence.’ ” 521 U.S. at 350, 117 S.Ct. 2072. Similarly, Alaska’s sexual offender registration requirement, held to be non-punitive in Smith, had the express purpose of “protecting the public from sex offenders” who “pose a high risk of reoffending.” 538 U.S. at 93, 123 S.Ct. 1140; see also United States v. Salerno, 481 U.S. 739, 747, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987) (<HOLDING>). On the other hand, the provision being 
 Holding statements: (A) holding that the prison litigation reform act requires a prior showing of physical injury that need not be significant but must be more than de minimis  (B) holding that preventative detention under bail reform act justified by the need to prevent danger to the community was regulatory and preventative rather than punitive (C) holding that a prisoners claim was saved by his request for nominal and punitive damages even though he could not recover compensatory damages under the prison litigation reform act (D) holding that the bankruptcy reform act of 1978 publ no 95598 92 stat 2549 precluded dismissal of cases pending before enactment of the reform act in order to refile under the act (E) holding that a defendants propensity to commit crime generally even if the resulting harm would be not solely physical may constitute sufficient risk of danger to come within contemplation of the bail reform act
answer:

holding that the prison litigation reform act requires a prior showing of physical injury that need not be significant but must be more than de minimis