Q: 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.
Id. [33] The advisory sentence is the starting point the legislature has selected as an appropriate sentence for the crime committed. Abbott v. State, 961 N.E.2d 1016, 1019 (Ind.2012). At the time of his sentencing, the advisory sentence for a Class D felony was one-and-one-half years, with a minimum of six months and a maximum of three years. Here, the trial court imposed the maximum sentence but suspended one year to probation. In arriving at this sentence, the trial court found as mitigating circumstance the fact that Wahl had no criminal history at the time. However, the trial court found the nature of the offense and the fact that the victim was "less than 12 years of age" to be an aggravating circumstance. (Tr. p. 852). See Kile v. State, 729 N.E.2d 211, 214 (Ind.Ct.App.2000) (<HOLDING>). [34] As for the nature of the offense, Wahl
Holding statements: (A) holding that dependent upon the circumstances of the case a defendants deportability could be viewed as either a mitigating or an aggravating factor (B) recognizing attorneys substantial experience in the practice of law as an aggravating factor (C) holding that trial court did not err (D) holding evidence sufficient to support aggravating factor of old age (E) holding that the trial court did not err in using the particularized factual circumstances of the case namely the victims age as an aggravating factor
A:
(E)