Read the following excerpt from a US court opinion:
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judicial notice that Denton County had a population of over 25,000. 3 . Officer Stewart testified that he did not have Lyons sign the warnings as it was not required by Department policy. 4 . According to Jessee this letter was mailed a day or two after July 2nd. 5 . We have attempted to summarize this somewhat confusing portion of the charge, which portion takes up four double-spaced legal size sheets of paper. 6 . See Weaver, 700 S.W.2d at 777 (interpreting section 24 of TEX.REV.CIV.STAT.ANN. art. 6701/-1 to require that visual recordings be made of DWI suspects). 7 . We make no holding that the trial court was required to so instruct the jury; only that it had discretion to do so and to see that it was done properly. Compare Drewett v. State, 704 S.W.2d 43, 45 (Tex.Crim.App.1986)
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the trial court erred in failing to instruct the jury that it could find constructive notice from evidence that the defendants knew of a recurring dangerous condition
B. holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme
C. holding that the failure to properly instruct the jury on the burden of proof required a new trial
D. holding that it was improper for the trial court to instruct the jury that it could not consider the states failure to videotape the defendant
E. holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error
Reply with [A, B, C, D, E] only.