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]: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance
[A]: (C)

[Q]: de novo on all issues bearing on the proper sentence." Teffeteller v. State, 495 So.2d 744, 745 (Fla.1986). In noncapital cases, too, we have concluded that "resentencing entitles the defendant to a de novo sentencing hearing with the full array of due process rights." Trotter v. State, 825 So.2d 362, 367-68 (Fla.2002); see also Galindez v. State, 955 So.2d 517, 525 (Fla.2007) (Cantero, J., specially concurring) ("We have consistently held that resentencing proceedings must be a 'clean slate,' meaning that the defendant's vacated sentence becomes a 'nullity' and his 'resentencing should proceed de novo on all issues bearing on the proper sentence.' " (citation omitted)); Walker, 988 So.2d at 8 (Altenbernd, J., concurring specially) ("Generally, courts have held that once a def A 1998) (<HOLDING>); Baldwin v. State, 700 So.2d 95, 96 (Fla. 2d
Holding statements: (A) holding that at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing (B) holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction (C) holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing (D) holding that even though the defendant did not challenge his prior convictions at the original sentencing lawofthecase principles do not insulate the state from proving them at resentencing (E) holding that at resentencing on violation of probation trial court may revise guidelines scoresheet to reflect prior convictions mistakenly omitted from the original through no fault of the defendant
[A]: (D)

[Q]: foregoing reasons, the judgment of the District Court is Affirmed, in part, Reversed, in part, VACATED, in part, and Remanded.for further proceedings consistent with this order. 1 . Defendants express some doubts as to whether Type II agreements exist in New York law, or are merely a "creature of the federal courts." Simone v. N.V. Floresta, 1999 WL 429504, at *9 n. 3 (S.D.N.Y. June 18, 1999), 1999 U.S. Dist. LEXIS 9578, at *27 n. 3. However, New York courts have cited with approval Tribune and Adjustrite, and appear to recognize the possibility of "Type II" preliminary agreements. See, e.g., SNC, Ltd. v. Kamine Eng. and Mech. Contracting Co., Inc., 238 A.D.2d 146, 655 N.Y.S.2d 47, 48 (1997); River Glen Assoc., Ltd. v. Merrill Lynch Credit Corp., 295 A.D.2d 274, 743 N.Y.S.2d 870 (2002) (<HOLDING>). 2 . Defendants argue on appeal that
Holding statements: (A) holding that the government was bound by an agreement it treated as binding although it preceded the formal plea agreement (B) holding that the arbitration agreement in a written contract did not apply to a dispute arising from a subsequent oral agreement which did not incorporate the arbitration clause from the written contract (C) holding that agreement did not constitute a binding preliminary agreement to negotiate in good faith a mortgage contract (D) holding that the defendant did not establish good faith as a matter of law (E) holding that agreement as to form and content did not constitute agreed judgment
[A]:
(C)