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.

Q: CURIAM. Appellant, John Mark Vaughan, Jr., filed a Rule 3.800(a) motion, claiming that his sentence was illegal under Heggs v. State, 759 So.2d 620 (Fla.2000). The trial court denied the motion, finding that the sentence imposed under the unconstitutional 1995 sentencing guidelines could have been imposed under the valid 1994 guidelines. Unfortunately, the trial court failed to attach the relevant portions of the record to support this finding, which ordinarily would require reversal. See, e.g., Moore v. State, 741 So.2d 577 (Fla. 5th DCA 1999) (<HOLDING>). However, appellant failed to allege that the
Holding statements: (A) holding that when a movant successfully challenges an illegal prr sentence in a rule 3800a motion at resentencing the movant is entitled to be present at sentencing represented by counsel with an opportunity to present mitigating evidence (B) holding that burden is on trial court denying a facially sufficient rule 3800a motion to attach record establishing movant is not entitled to relief (C) holding motion for substitution of judge properly denied where movant failed to attach affidavit (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding that a rule 3800a motion that does not allege that the court records show the defendants entitlement to additional jail credit is facially insufficient

A: (B)
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Q: of the property. See C.R.E. 602; C.R.E. 701. However, there is no evidence in the record which establishes that Pomeranz ever paid a bill relating to the maintenance of the property or that he was personally responsible for any aspect of the maintenance because McDonald's had been responsible for the payments for the past fifteen years. Because no adequate evidentiary foundation was laid for Pomeranz's estimation of maintenance expenses on the property, it is impossible, absent pure speculation, to ascertain from the record how Pomeranz obtained the $4,800 estimation. The trial court's factual findings relating to future maintenance expenses are not sustained by either competent or adequate evidence and are therefore clearly erroneous. See Anderson, 170 Colo. at 13, 458 P.2d at 758 (<HOLDING>). The evidence presented by the petitioners on
Holding statements: (A) holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact (B) holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence (E) holding that where the original drug quantity determination is not specific enough for the district court to determine whether it has the authority to reduce a defendants sentence under 3582c2 that court may make new findings of fact that are supported by the record and are not inconsistent with the findings made in the original sentencing proceedings

A: (D)
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Q: over everything contained anywhere in it." Leach, 296 Md. at 596, 463 A.2d 872. While executing a valid search warrant, the police found phencyclidine (PCP) in a closed container in a bedroom closet. The Court held that this evidence was insufficient to support the defendant's conviction, because "fe]ven though [the defendant] had ready access to the apartment, it cannot be reasonably inferred that he exercised restraining or directing influence over PCP in a closed container on the bedroom dresser or over paraphernalia in the bedroom closet." Id. (emphasis added) Taylor also discussed several decisions of this Court, but in none of these were the illegal substances out in the open or in the plain view of the accused. See, e.g., Tucker v. State, 19 Md.App. 39, 45, 308 A.2d 696 (1973) (<HOLDING>); Barksdale v. State, 15 Md.App. 469, 475, 291
Holding statements: (A) holding that a visitor to a hotel room for purposes of distributing drugs failed to establish a reasonable expectation of privacy in the room (B) holding evidence insufficient to establish defendant had physical or constructive possession of heroin when no drugs were found on his person and the only drugs discovered on the premises which he shared with the codefendant were secreted out of plain view (C) holding that the defendants allegations that his codefendant admitted that the defendant had no role in the robbery and that the codefendant had not testified on the defendants behalf because he had been coerced by the state were sufficient to state a prima facie claim of newly discovered evidence (D) holding evidence insufficient to establish defendant had physical or constructive pos session when the drugs that were discovered in a hotel room that he shared with a codefendant were secreted and out of plain view (E) holding that defendant had reasonable expectation of privacy in a hotel room rented by relatives when he had a key to the room and permission to use the room at will

A:
(D)
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