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:
with a total of 8.3 grams of cocaine in them was consistent with both an intent to sell and with personal use. Id. at 631. We noted that the police did not find any money or drug paraphernalia on the defendant and there were "no other facts which would suggest an intent to sell." Id. The packaging and weight of the drugs in this case is similar to that in Valentin, giving rise to similar conclusions about Alleyne's intent. The state attempts to distinguish Valentin in two ways. First, there was no money found on Valentin, while Alleyne had $36 in his pocket and another $20 found in the paper bag with the marijuana. However, neither the amount of money found, nor the denominations of it were inconsistent with personal use. See Williams v. State, 569 So.2d 1376, 1377 (Fla. 2d DCA 1990) (<HOLDING>). Second, while the arresting officer in
Holding statements: (A) recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell (B) holding no unfair prejudice from admission of conviction for possession of 50 to 200 pounds of marijuana with intent to distribute as evidence of intent to distribute cocaine (C) holding that evidence was sufficient to sustain conviction of front seat passenger of possession with intent to distribute marijuana in paper bag in foot well of volkswagen on passengers side near gearshift in presence of marijuana smoke (D) holding that evidence consisting of 10 pieces of cocaine marijuana rolling paper 72 and a weapon was not sufficient to prove intent to sell (E) holding that there was sufficient evidence of intent to sell or deliver where the defendant was in possession of one large cocaine rock and eight smaller rocks
answer:
recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell

question:
two separate legal insufficiency claims. When the party without the burden of proof suffers an unfavorable finding, the challenge is one of "no evidence to support the finding." See Creative Manufacturing, Inc. v. Unik, 726 S.W.2d 207, 210 (Tex.App.-Fort Worth 1987, writ ref d n.r.e.). Where the party having the burden of proof suffers an unfavorable finding (failure to find), the proper complaint is that the fact was established as "a matter of law." See Sterner v. Marathon Oil Company, 767 S.W.2d 686, 690 (Tex.1989). Here, Tech filed a verified special denial that it received timely notice. Consequently, Lucero had the burden to plead and secure a finding on notice. See Texas Tech University Health Sciences Center v. Apodaca, 876 S.W.2d 402, 410-11 (Tex.App.-El Paso 1994, writ denied)(<HOLDING>); see also Harrison v. Texas Department of
Holding statements: (A) holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice (B) holding that the government need not prove actual notice to the prisoner (C) holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice (D) holding that where the governmental unit filed a verified special denial that it received timely actual notice the plaintiff had the burden to prove and secure a finding on actual notice at trial (E) holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice
answer:
holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice

question:
be taken to imply that an unduly high degree of certainty as to the incriminatory character of evidence is necessary for an application of the 'plain view5 doctrine."). Disputes over its meaning arise primarily in cases in which the police have had to conduct additional examinations in order to determine the import of an object. See Horton, 496 U.S. at 136-37, 110 S.Ct. at 2307-08; United States v. Garces, 133 F.3d 70, 75-76 (D.C.Cir.1998). It is clear that the requirement is satisfied, however, where the officers had "probable cause" to believe that an item was incriminating "without the benefit of information from any unlawful search or seizure." Garces, 133 F.3d at 75. And because the touchstone is probable cause, see United States v. Washington, 12 F.3d 1128, 1133 (D.C.Cir.1994) (<HOLDING>), a "seizing officer need not 'know' or have an
Holding statements: (A) holding that where other evidence established probable cause to believe that the defendant possessed controlled substances investigating officers had probable cause to search the defendants purse for similar evidence (B) holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it (C) holding that the officers examination revealed that there was probable cause to believe that the property was stolen (D) holding that the police officers had probable cause to make a warrantless entry (E) holding that the incriminating nature of an item was immediately apparent where the police officers had probable cause to believe that it contained evidence of a crime
answer:
holding that where other evidence established probable cause to believe that the defendant possessed controlled substances investigating officers had probable cause to search the defendants purse for similar evidence