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 Input:
health, education, and family comfort are also acceptable. See Collins v. Collins, 150 Fla. 374, 7 So.2d 443 (1942); Read v. Leitner, 80 Fla. 574, 86 So. 425 (1920). However, a debtor's homestead was held to be abandoned when a debtor moved to New Hampshire and attempted to sell his property in Fort Myers, Florida. In re Goode, 146 B.R. 860 (Bankr.M.D.Fla. 1992). In Teasdale v. Frederick (In re Frederick), 183 B.R. 968 (Bankr.M.D.Fla.1995), the Bankruptcy Court held that Chapter 7 debtor's property did not qualify for homestead exemption since, in placing property on the market for sale or lease, debtor abandoned his intent to use and occupy property as permanent place of residence. Teasdale v. Frederick (In re Frederick), supra. But cf., In re Herr, 197 B.R. 939 (Bankr.S.D.Fla.1996) (<HOLDING>); In re Crump, 2 B.R. 222 (Bankr.S.D.Fla.1980)
Holding statements: (A) holding that no abandonment of property as homestead was shown merely because after house located on property was destroyed in hurricane debtor had quit premises allowed property to become overgrown with weeds and posted a for sale sign (B) holding that regardless of whether the property was held as tenants in common or by the entirety the husband was entitled to hold property as a homestead (C) holding chapter 13 plan funded by sale of property was not feasible where the debtor had not stated the time period or terms of the sale and no provision was made for failure to sell the property (D) holding that the property held by the revocable trust in which the trustee was the beneficiary and the property was his permanent residence was a constitutionally protected homestead property (E) holding that the debtor could retain exempt property because it was not property of the estate

Ex Output:
holding that regardless of whether the property was held as tenants in common or by the entirety the husband was entitled to hold property as a homestead

Ex Input:
subjective, although it is usually proved by inference from the acts of the accused. Thus, intentionally entering or intentionally remaining unlawfully upon the described premises with the intent to commit any crime against a person or property rights constituted burglary, and therefore, it cannot logically be said that specifying the particular crime intended to be committed is, under our statutes, an essential element which must be alleged in order to charge the crime of burglary actual commission of a second underlying offense, in order to sufficiently charge the offense, it is incumbent on the State to allege the essential elements of the underlying offense; identification of the offense by name or statutory reference will not suffice. Cf. Elliott, 77 Hawaii at 312, 884 P.2d at 375 (<HOLDING>). Therefore, we adopt the rule set out in
Holding statements: (A) holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number (B) holding that a charge not taken under oath or affirmation is not a valid charge (C) holding that the omission of an element from the jury charge is subject to harmlesserror review (D) holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence (E) holding that statutory references in charge did not cure the omission of essential elements in the challenged counts of the charge

Ex Output:
holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number

Ex Input:
There is no clearly established Supreme Court law holding that a defendant has a constitutional right to an instruction on a lesser included offense. Cf. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980) (<HOLDING>). Ruiz's state court conviction thus has not
Holding statements: (A) holding that due process does not require a lesser included offense instruction of manslaughter where not requested (B) holding that a lesser crime cannot be a lesser included offense of a greater crime if the lesser crime contains an essential element not included in the greater crime (C) holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature (D) holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case (E) holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense

Ex Output:
holding that due process does not require a lesser included offense instruction of manslaughter where not requested