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]: that he was on S.L.'s property, and he admitted that he took cigarettes and a lighter from the patio table. According to the recorded statement that Andrus gave to Detective Le-wallen, after' entering S.L.'s garage, An-drus changed his mind about being on S.L.'s property and decided to leave. The evidence at trial shows that Andrus did not have permission to be on the property or in S.L.'s garage or breezeway. Given the circumstances proven by the evidence admitted during Andrus's trial, the jury could have reasonably inferred from the evidence that Andrus, when entering the garage or breezeway, intended to commit theft under a standard of beyond reasonable doubt even if he later changed his mind - about committing a crime. See Mauldin v. State, 628 S.W.2d 793, 795 (Tex.Crim.App.1982) (<HOLDING>); Solis v. State, 589 S.W.2d 444, 446
Holding statements: (A) holding defendants plea to indictment alleging 8000 theft was not an admission to the theft amount (B) holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element (C) holding that the defendants entry into the building having been made in the nighttime without the consent of the owner is sufficient to show an intent to commit theft (D) holding that the plaintiff must show felonious intent to commit theft in order to establish a violation of section 8120141 (E) holding that the consent of the driver was invalid when the officer knew that the passenger was the owner of the automobile
[A]: (C)

[Q]: v. Allen, 615 F.3d 1122, 1136 (9th Cir.2010) (emphasizing the parsimonious nature of an effective EA) (quoting 40 C.F.R. 1500.1(b)). The DOE has more than met its burden here. Accordingly, we find that the DOE's discussion of the 2005 anthrax shipping incident in the DREA and the FREA satisfies NEPA. b. The "Restricted" Experiments We do not reach the issue of whether the DOE's decision not to include information about "restricted" experiments in the FREA was arbitrary or capricious because the district court properly found that this argument was waived. Here, Tri-Valley CAREs did not address the district court's ruling that the argument was deemed waived in its opening appellate bricf. Thus, the issue is not properly before us. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (<HOLDING>). Claims not made in an opening brief in a
Holding statements: (A) holding that arguments not raised by a party in its open ing brief are deemed waived (B) holding that arguments not raised in district court are waived (C) holding that arguments not raised before the trial court are waived (D) holding that arguments not raised in the opening brief are waived (E) holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived
[A]: (A)

[Q]: the purpose of NRS 176.055, the statute governing the application of credit for presentence confinement, is ' 'to ensure that all time served is credited towards a defendant's ultimate sentence." The overwhelming majority of states adhere to the following generally accepted principle when apportioning credit for time served in presentence confinement, as stated by the Supreme Court of Hawaii in State v. Tauiliili: [Wjhen concurrent sentences are imposed, presentence credit is applied once. The credit applied once, in effect, is applied against each concurrent sentence. This is done because the longest term of the concurrent sentences determines the total length of the imprisonment. Our holding in Kuykendall coincides with the reasoning in Tauiliili, and we conc P.2d 34, 37 (1974) (<HOLDING>); Nieto v. State, 119 Nev. 229, 231-32, 70 P.3d
Holding statements: (A) holding time spent on electronic monitoring while on bail release does not constitute custody within meaning of sentencing credit statute (B) holding that the purpose of the credit statute is to provide credit for confinement where 1 bail has been set for the defendant and 2 the defendant was financially unable to post the bail (C) holding under excessive bail provision of article i section 16 of oregon constitution criminal defendant bears burden of establishing at hearing that amount of bail imposed is excessive (D) recognizing statutory credit (E) holding that the court correctly denied a mistrial when the statement that the witness saw the defendant when the defendant was signing in as a condition of bail was brief and added nothing to the governments case
[A]:
(B)