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.
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Question: v. Eggleston, 202 Ariz. 523, 527, 16, 47 P.3d 1161, 1165 (App.2002). Second, a statute should be construed in conjunction with other statutes that relate to the same subject or purpose, giving effect to all statutes involved. Id. Third, in furtherance of such harmonization, courts should review the history of the various sections in order to ascertain the intent of the legislature and thereby construe the statutes to further that intent. State v. Thomason, 162 Ariz. 363, 366, 783 P.2d 809, 812 (App.1989). After reviewing the history of the relevant statutory scheme, we conclude that the legislature never intended that the acquisition of land for park purposes be subject to the public auction requirement. See State v. Cornish, 192 Ariz. 533, 537, 16, 968 P.2d 606, 610 (App.1998) (<HOLDING>). 12 As part of its comprehensive statutory
Holding statements: (A) recognizing that courts should look to other sources of legislative intent if the statutory language does not convey a clear meaning (B) holding that federal courts should apply state substantive law (C) holding that determining legislative intent is a question of law (D) holding courts should apply statutory constructions that make practical sense and do not frustrate legislative intent (E) holding that courts should avoid constructions that would render statutory text superfluous

Answer: (D)

Question: 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

Answer: (D)

Question: later, Bain filed the rule 3.853 motions that are the subject of this appeal. In summarily denying both motions, the postconviction court found that they were untimely, in part because Bain's delay in refiling was an abuse of process. However, due to an amendment to section 925.11, Florida Statutes, enacted on June 23, 2006, no time limit applies to rule 3.853 motions for postconviction DNA testing filed on or after October 1, 2005. See Ch. 2006-292, 1, 4, at 2204-7, Laws of Fla. (codified in 925.11, Fla. Stat. (2006)). Moreover, in dismissing Bain's 2003 rule 3.853 motion without prejudice, the postconviction court set no filing deadline. Consequently, the postconviction court erroneously denied the 2006 motions as untimely. See Jumper v. State, 903 So.2d 264 (Fla. 2d DCA 2005) (<HOLDING>) Because Bain timely filed his pro se motion
Holding statements: (A) holding that rule 3850 motion was not time barred where the order did not place any time limitation on when the defendant would refile his rule 3850 motion (B) holding defendant was not barred from raising sentencing issue in rule 3850 motion by virtue of prior rule 3850 motion which did not raise any sentencing issues (C) holding that the remedy of habeas corpus is not available as a substitute for postconviction relief under rule 3850 (D) holding that defendants 3850 motion for postconviction relief was procedurally barred as successive where the defendants current rule 3850 motion is one that could have or should have been raised in his first rule 3850 motion (E) holding that postconviction court could not deny a refilled rule 3850 motion as untimely when postconviction court did not set a filing deadline in dismissing defendants first rule 3850 motion without prejudice to refiling

Answer:
(E)