Read the following excerpt from a US court opinion:
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left to the sound discretion of the trial justice.”); Aponte, 649 A.2d at 223 (“The ultimate determination of the effect of evidence lies in the discretion of the trial justice.”). Accordingly, we will not disturb such a determination on appeal absent an abuse of discretion. In the present case, defendant argues that the clothing worn by Mr. Lima and the testimony of Mr. Bessette were irrelevant because it was undisputed that he had fatally stabbed Mr. Lima. It is well settled, however, that “[w]hen the state prosecutes a defendant, it carries the burden of proving every element necessary to the charge beyond a reasonable, doubt, even if some of those elements may not be disputed.” State v. Mora, 618 A.2d 1275, 1280 (R.I.1993); see also State v. Barnes, 777 A.2d 140, 143-44 (R.I.2001) ; State v. Carter, 744 A.2d 839, 847 (R.I.2000)
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What is the most suitable continuation to the opinion? Your options are:
A. holding that any fact that increases mandatory minimum is element that must be proved beyond reasonable doubt
B. holding state must prove every element of an offense beyond a reasonable doubt and a scheme that shifts the burden of proof to the defendant by presuming a fact upon proof of the other elements of the offense violates due process
C. holding in the context of a sexual assault charge that the state was required to prove beyond a reasonable doubt the first basic and essential element of the offense namely that an act of intercourse involving the victim had occurred and further stating that that fact had to be proved even if the defendant was not disputing that particular element of the offense
D. holding that failure of trial court to instruct jury that state must prove beyond reasonable doubt killing was not committed in heat of passion required reversal of murder conviction even though there was general charge that state was required to prove each element of offenses beyond reasonable doubt
E. holding that failure to prove an essential element of an offense does not constitute fundamental error which may be raised for the first time on appeal
Reply with [A, B, C, D, E] only.