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.

we held that, The penetration offense alleged in the first indictment clearly required a separate and distinct act (involving appellee's sexual organ with the child's female sexual organ) from the act alleged in the second indictment (which involved appel-lee's mouth with the child's sexual organ). In this case the second indictment alleged that appellee caused the child's sexual organ to contact his mouth ency with a child statute is the prohibited conduct. Appellant concedes to this view, the plain language of the statute supports it, and so does our caselaw. See Harris, 359 S.W.3d at 630 (stating that a grammatical analysis suggests that the unit of prosecution for indecency with a child by exposure is the exposure and, ultimately, adopting that viewpoint); Pizzo, 235 S.W.3d at 718 (<HOLDING>); see also Wallace v. State, 550 S.W.2d 89, 91
Holding statements: (A) holding that three phrases contained within the same subsection of the indecencywithaehild statute defined three separate offenses for juryunanimity purposes when separated in the disjunctive (B) holding that a similar statute created separate offenses (C) holding that three denied promotions over the course of three years where the decisions were made by three different selection officials and involved different qualifications were not sufficiently related to constitute a continuing violation (D) holding that the federal carjacking statute as it existed when the defendant was indicted established three separate offenses rather than a single offense with a choice of three maximum penalties and recognizing that this construction avoided serious constitutional questions on which precedent is not dispositive (E) holding that the legislature can define separate offenses within the same statutory subsection even if the acts are in close temporal proximity
(A)

variance criteria rendering its decision arbitrary and capricious; and, 5) erred in "taking" appellants' property without just compensation. The County supports appellants' contentions except for the last one, with which it disagrees. The County also contends the Board erred in applying the wrong law. The individual appellees, who opposed the variance applications, support the Board's decision. Discussion 1. Applicable Law A. State Law Before we address the merits of appellants' contentions, we shall address the County's contention that the Board applied inapplicable law. The County asserts that the Board incorrectly applied a presumption that the requested use did not conform to the purpose and intent of the Critical Area Program because, while that presumption was added 677 (2000) (<HOLDING>). In 2002, the General Assembly amended the
Holding statements: (A) holding that a defendant must show reasonable probability that but for the error he would not have entered the plea (B) holding that the board did not have to consider whether denying the variance would have denied reasonable and significant use of the entire lot but rather whether denying the variance would have denied reasonable and significant use of the buffer (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that the question of whether it might have been error for the court to have denied leave to amend is not before us because plaintiffs never requested it (E) recognizing that a district attorney must have reasonable latitude in fairly presenting a case to the jury and that the trial judge must have reasonable discretion in deciding whether the bounds of propriety have been exceeded
(B)

only by his third argument. I District courts have broad discretion to award restitution. State v. Tenerelli, 598 N.W.2d 668, 671 (Minn.1999). We therefore review the district court's decision for abuse of discretion. State v. Nelson, 796 N.W.2d 343, 346 (Minn.App.2011). Miller first argues that the district court abused its discretion by ordering restitution because the state failed to prove that he is directly responsible for Montplaisir's injuries. Crime victims are entitled to restitution for losses they incur from the crime. Minn.Stat. 611A.04, subd. 1(a) (2012); State v. Latimer, 604 N.W.2d 103, 105 (Minn.App.1999). The district, court "shall consider ... the amount of economic loss sustained by the victim as a result of the offense; and ... the income, resources .1996) (<HOLDING>), review denied (Minn. Oct. 15, 1996), with
Holding statements: (A) holding restitution for losses directly attributable to victims murder improper against defendant who helped conceal murder afterwards but otherwise took no part in it (B) holding restitution improper when awarded to homeowner for property damage caused by convicted murderer during random target practice earlier in day of murder (C) holding that a landowner who lost a strip of property to a highway widening project could not recover losses caused by concurrent placement of a median strip because when less than the entire property is taken compensation for damage to the remainder can be awarded only if such damage is caused by the taking and cjonstruction of the median not the taking caused the alleged damage (D) holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted (E) holding that restitution for lost income in property cases was improper under the plain language of the statute because restitution for lost income is authorized only for victims of bodily injury
(B)