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.
Q: plea agreement between myself and the prosecutor." The State argues this provision controls over the following handwritten notation on the plea form: "Defendant reserves his right to appeal the adverse ruling on defendant's pretrial motion to suppress evidence." The State contends the handwritten notation, just above the preprinted waiver, was a pre-plea attempt to reserve his appeal rights, which did not survive the trial court's acceptance of the plea bargain. There is no reporter's record of the plea hearing, and the State does not explain why the following notation on the judgment was lined out: "Appeal waived, No permission for appeal granted." On this record, we conclude appellant did not waive his right to appeal. See Alzarka v. State, 90 S.W.3d 321, 324 (Tex.Crim.App.2002) (<HOLDING>). Cf. Freeman v. State, 913 S.W.2d 714, 716-17
Holding statements: (A) recognizing that exception to requirement of timely filing of notice of appeal exists in cases where defendant either was not told of right to appeal or was not furnished attorney to exercise those rights or was furnished attorney for that purpose who failed to perfect and complete appeal (B) holding attorney lacked standing to challenge amount of attorney fees awarded plaintiffs not parties to the appeal (C) holding that in determining whether the defendant has a prior conviction for burglary under the armed career criminal act the federal court may look only to the terms of the charging document the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant or to some comparable judicial record of this information (D) holding defendant did not waive appeal and that record in which trial judge district attorney and defendants attorney repeatedly made statements agreeing defendant would be permitted to appeal directly contradicted and rebutted any presumption raised by terms of boiler plate plea form defendant signed (E) holding that trial counsel owes a criminal defendant a duty to file a notice of appeal regardless of whether the attorney was retained for the appeal or not
A:
recognizing that exception to requirement of timely filing of notice of appeal exists in cases where defendant either was not told of right to appeal or was not furnished attorney to exercise those rights or was furnished attorney for that purpose who failed to perfect and complete appeal