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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: offense; the maximum sentence is 10 years for each offense, which must run concurrently under Hale. By enhancing only one count and running it consecutively to the second count, appellant was sentenced to 12 years. This sentence exceeds the statutory maximum if both sentences had been enhanced under section 775.084 and run concurrently, or if neither had been enhanced and run consecutively. As such the appellant's sentence violates Hale. Although appellant was not sentenced to the mandatory minimum of 5 years for the second offense, as explained in State v. Hill, 660 So.2d 1384 (Fla.1995), the requirement that sentences run consecutively is not limited to only the minimum mandatory portion of. a total sentence: The State argues that Hale and its predecessors, Palmer v. State A 1997) (<HOLDING>). Here appellant was sentenced as an habitual
Holding statements: (A) holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies (B) holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory (C) holding fifteen year hfo mandatory minimum sentences on the three robbery convictions were required to run concurrently with the twentyfive year nonhfo mandatory minimum on the murder sentence (D) holding hfo mandatory minimum sentence for robbery must run concurrently with sentences imposed for nonhfo first degree murder convictions (E) holding that the fifteen year minimum sentence imposed under section 924e does not violate the eighth amendment
[EX A]: holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies

[EX Q]: testimony, which included not just the cooperators but also the undercover agent, the government also played for the jury the taped conversations from the wiretap. In a number of these conversations, Herrera specifically discussed the drug quantities involved. Furthermore, this case does not present a situation such as the one the Supreme Court considered in Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946), where a conviction was overturned because there was too great a risk of evidentiary spillover, in part because there were thirty-two named participants and eight separate conspiracies. In the present matter there were only six named participants, two conspiracies and two defendants on trial. See United States v. Edwards, 69 F.3d 419, 433 (10th Cir.1995) (<HOLDING>). Given the strength of this evidence for
Holding statements: (A) holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant (B) holding that only one offense should have been charged when four separate packages of the same drug were found (C) recognizing the two different types of conspiracies under the federal statute (D) holding that the conviction should be upheld because there was no prejudice to the defendant even though the defendant had been charged with one conspiracy and the proof at trial showed two separate conspiracies (E) holding that the jury would have no problem separating the actions of the individual defendants where there were only four defendants and two separate conspiracies
[EX A]: holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant

[EX Q]: influences. Rather, one juror was attempting to influence the other jurors' opinion, although it was done inappropriately before deliberations. Indeed, Mr. Mellow's declaration states that the juror "... seemed to prey on the weaker jurors and tried to sway them." Declaration of Mr. Mellow. Nevertheless, the influence here was internal, not from outside sources. Once the verdict was entered, the jurors, including Mr. Mellow, became incompetent to testify regarding any internal discussions or deliberations. Pa.R.E. 606(b); Carter, supra. Therefore, Appellant's claim fails. Penalty Phase IX. Atkins Appellant raises a claim that he is mentally retarded and that his death sentence is unconstitutional pursuant to Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (<HOLDING>). Appellant did not raise this claim before the
Holding statements: (A) holding execution of the mentally retarded constitutes cruel and unusual punishment in violation of the eighth amendment (B) holding that the eighth amendment to the united states constitution prohibits the execution of mentally retarded individuals (C) holding that the execution of mentally retarded criminals violates the eighth amendment (D) holding that under the eighth amendment to the united states constitution the government may not execute a mentally retarded person (E) holding execution of mentally retarded individuals fails to achieve legitimate penalogical objectives for punishment as required by the eighth amendment to the united states constitution and article i 16 of the tennessee constitution
[EX A]:
holding execution of the mentally retarded constitutes cruel and unusual punishment in violation of the eighth amendment