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. 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.
question:
determined that only the foregoing portion of this opinion will be printed in the Washington Appellate Reports and that the remainder shall be filed for public record pursuant to RCW 2.06.040, it is so ordered. Bridgewater, A.C.J., and Hunt, J., concur. 1 O’Connor later produced a valid concealed weapons permit. 2 Simple possession of a controlled substance is a lesser included offense of possession with intent to deliver. State v. Harris, 14 Wn. App. 414, 418, 542 P.2d 122 (1975); see State v. Sims, 119 Wn.2d 138, 142, 829 P.2d 1075 (1992) ("Where one merely possesses a controlled substance without the statutory element of intent, one is guilty of simple possession under RCW 69.50.401(d), absent unwitting possession.”); State v. Robbins, 68 Wn. App. 873, 877, 846 P.2d 585 (1993) (<HOLDING>). 3 It is not clear when he purchased the 
 Holding statements: (A) holding defendant could only be sentenced to a single offense under section 1244011 not both conspiracy with intent to deliver and possession with intent to deliver (B) holding second simple possession conviction was not an aggravated felony because it was not prosecuted as recidivist possession (C) holding that possession with intent to distribute and simple possession are the same offense under blockburger (D) holding that trial court may arrest judgment on conviction for possession with intent to deliver and enter judgment of guilt on simple possession (E) holding that the defendants prior drug conviction for simple possession did not constitute a controlled substance offense because the plain language of  4b12b requires that the prior conviction involve possession with intent to distribute
answer:
(D)


question:
be ascertained from the creating instrument, the permissible uses of an easement acquired by prescription are necessarily defined by the use of the servient land during the prescriptive period.”). In French, plaintiffs acquired a prescriptive right of user over a roadway for certain discrete purposes based on their past use of the property. We concluded that plaintiffs were not entitled to make a different use of the roadway because it would increase the burden on the servient estate and it would extend the right acquired by plaintiffs’ prior use of the property. French, 135 Vt. at 80, 369 A.2d at 1388. Thus, French does not support plaintiffs’ assertion that the reasonable use of the right>of-way at issue here depends on its historical use. Cf. Nelson, 113 Vt. at 172, 32 A.2d at 146 (<HOLDING>). Moreover, as previously discussed, we agree 
 Holding statements: (A) recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance (B) holding that one who possesses deeded easement need not use the easement to maintain his title and easement cannot be extinguished from nonuser alone (C) recognizing that where a grantee has an easement which he shares with others his duty to repair and maintain it must be apportioned with all other easement holders based upon the extent of the individuals use of the easement (D) holding that an easement agreement and an unrecorded easement plan created an easement (E) recognizing that one cannot have an easement in his own land
answer:
(B)


question:
larger than, the size of the "Done” button that users clicked in order to register. In the instant case, by contrast, the phrase "Terms of Service & Privacy Policy” is much smaller and more obscure, both in absolute terms and relative to the "Register” button. Id. (citation omitted). 8 . Bekele does not contest that the FAA applies to this case. His agreement with Lyft, a California company, implicates interstate commerce. See Southland Corp. v. Keating, 465 U.S. 1, 17-18, 104 S.Ct. 852, 79 L.Ed.2d 1 (1984) ("The general rule prescribed by § 2 of the [FAA] is that arbitration clauses in contracts involving interstate transactions are enforceable as a matter of federal law.”); Societe Generale de Surveillance, S.A. v. Raytheon European Mgmt. & Sys. Co., 643 F.2d 863, 867 (1st Cir.1981) (<HOLDING>). 9 .The First .Circuit has stated on one 
 Holding statements: (A) holding that the term commerce in the faa is to be broadly construed (B) holding that the district court lacked the authority to compel arbitration  because the faa is inapplicable to employees who are engaged in interstate commerce (C) holding that the fcra must be construed broadly in favor of remediation (D) recognizing that the faa is applicable to only those transactions involving interstate commerce (E) holding that as title vi is a remedial statute the zone of interests to be protected  must be construed broadly
answer:

(A)