Detailed Instructions: 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.
Problem:as saying, "[m]y feeling is, if I'm going to sentence someone to state prison or county jail it should always be followed by probation." Martin v. State, 804 So.2d 360, 362 (Fla. 4th DCA 2001). When the court indicated that such a motion must be in writing, defense counsel asked for time to file a written motion. The court denied the request and sentenced him to a five year prison term. Subsequently, Tyler filed the motion to recuse in -writing. The court denied the motion, finding that it was legally insufficient. The court also denied a motion to correct sentence, which was based on the motion to disqualify. Denial of a motion for continuance for the purpose of filing a written motion to recuse is an abuse of discretion. See Reynolds v. State, 568 So.2d 76, 78 (Fla. 1st DCA 1990)(<HOLDING>). Clearly, an oral motion is insufficient.
Holding statements: (A) holding that trial court impliedly ruled on motion for continuance by granting motion for summary judgment when appellant filed motion for continuance two days before summary judgment hearing (B) holding that appellant did not preserve error because he failed to obtain ruling on motion for continuance (C) holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form (D) holding it was error for trial court not to grant a continuance when appellant moved in open court to disqualify judge or in the alternative for a continuance to file a proper motion (E) holding the record open for additional testimony amounts to a continuance
Solution:
(D)