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.

Input: Consider Input: 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

Output: holding that a defendant must demonstrate that he would not have pled guilty but for the error

Input: Consider Input: made in open court. It also serves as a stipulation that no proof by the prosecution need b[e] advanced .... It supplies both evidence and verdict, ending controversy.' " Boykin, 395 U.S. at 243 n. 4, 89 S.Ct. 1709 (quoting Woodard v. State, 42 Ala.App. 552, 171 So.2d 462, 469 (1965)). See also Dingier v. State, 408 So.2d 530, 531 (Ala.1981) (same). In the case at hand, Clark entered into a "good behavior" stipulation that the State could prove a prima facie case of guilt. When Clark failed to comply with the terms of the agreement, he was adjudicated guilty based on his stipulation. During a hearing on Clark's motion for a new trial, the prosecutor described a "goo (Ala.Crim.App.1999), overruled on other grounds, Perkins v. Alabama, 586 U.S. 953, 122 S.Ct. 2653, 153 L.Ed.2d 830 (2002) (<HOLDING>). Because Clark was adjudicated guilty based
Holding statements: (A) holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed (B) holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea (C) holding that court must decide case on basis of facts admitted unaffected by stipulation made by counsel (D) holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional (E) holding that a defendants strategic stipulation to certain facts of the crime was not the functional equivalent of a guilty plea where the defendants stipulation did not establish guilt

Output: holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed

Input: Consider Input: underlying claim arises. The Diehls argue that this exclusion does not apply for a number of reasons. First, the Diehls claim that the loans made to Hanft were a debt to be repaid, not a profit, and that Hanft did not profit because he was attempting to repay the loans, which were not due in full until a year after his death. The Diehls' argument is belied by their own allegations in the underlying complaint that Hanft "never intended to repay" the loans. (TAC 41.) Further, the underlying complaint states that, over seven years, Hanft made only a single payment of $10,000 toward the almost $800,000 owed to the Diehls. (TAC 17-18.) The allegations of the underlying complaint show that Hanft took money for personal use with no i 5, 2005 WL 1220746 at *12 (Ohio Ct.App. May 24, 2005) (<HOLDING>); St. Paul Mercury Ins. Co. v. Foster, 268
Holding statements: (A) holding that generally the question of waiver and estoppel is a question of fact (B) holding that estoppel was a question of fact (C) holding that the fact that an investigatory stop took place in a high crime area is pertinent to a terry analysis (D) holding it is a question of fact (E) holding exclusion inapplicable because there remains a question of whether any conversion in fact took place
Output: holding that generally the question of waiver and estoppel is a question of fact