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.

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
(D)

the interpretation of the statute has clearly been vested by a provision of law in the agency's discretion. See Iowa Code 17A.19(10)(c), (l). If the agency has been clearly vested with interpretive authority, we generally defer to the agency's interpretation, and may grant relief only if the agency's interpretation is "irrational, illogical, or wholly unjustifiable." Id. 17A.19(10)(i). If the agency has not been clearly vested with discretion to interpret the statute, "we are free to substitute our judgment de novo for the agency's interpretation and determine if the interpretation is erroneous." Auen v. Alcoholic Beverages Div., 679 N.W.2d 586, 589-90 (Iowa 2004) (citing Iowa Code 17A.19(10)(e)). The legislature has delegated broad authority to 643 N.W.2d 205, 207 (Iowa 2002) (<HOLDING>). Section 147.76 clearly'vests the board of
Holding statements: (A) holding board cannot ignore the rules it adopts under the delegation of authority to prescribe rules for its governance and the governance of the university because such rules have the force and effect of statute (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that director of police department does not have final policymaking authority in miamidade county despite having some discretionary authority (D) holding statute providing the director shall have the power and authority to prescribe all rules not inconsistent with the provisions of this chapter necessary and advisable for its detailed administration and to effectuate its purposes vested authority in the department of revenue and finance to interpret section 4224520 (E) holding that congress had exceeded its authority by using its section five power under the fourteenth amendment to enact the statute
(D)

1116 (10th Cir. 2008); United States v. Miguel, 338 F.3d 995, 1004 (9th Cir. 2003)). 17 The Indiana Court of Appeals employed similar reasoning in upholding its state's analogous juvenile waiver statute. Villalon, 956 N.E.2d at 702-04. The court recognized that, [a]s a practical matter, a child who is alleged to have committed a delinquent act and is not retained in the juvenile justice system but is waived into adult court will (if found guilty) face harsher consequences for his or her conduct. Nonetheless, Ice makes clear that not all judicial fact-finding ultimately resulting in an increased term of incarceration invades the province of the jury. . . . Villalon provides no argument as to how our juvenile waiver statute might be unders , 765 N.E.2d 1071, 262 Ill. Dec. 463 (2002) (<HOLDING>); State v. Jones, 273 Kan. 756, 778, 47 P.3d
Holding statements: (A) holding missouri transfer rule did not violate equal protection (B) holding transfer rule did not violate federal equal protection (C) holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court (D) holding that the apprendi rule was not implicated because a juvenile transfer proceeding does not involve sentencing or a determination of guilt or innocence (E) holding that the states transfer statute did not violate the apprendi rule because the transfer hearing determines not the minors guilt but the forum in which his guilt may be adjudicated
(E)