Read the following excerpt from a US court opinion:
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statute governing failure to appear. Defendant in this case was. Issue Five: Trial Court’s Finding, by a Preponderance of the Evidence, That Arizona Conviction Was a Felony Conviction Was Not Error {34} Defendant challenges the State’s proof of one of his prior convictions, contending that it must be proved beyond a reasonable doubt under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and asserting that there was insufficient evidence under any standard to show a prior felony conviction. Apprendi, by its express terms, does not apply to prior convictions. See id. at 490, 120 S.Ct. 2348 (indicating that holding applies to facts “[o]ther than the fact of a prior conviction”); see also United States v. Pacheco-Zepeda, 234 F.3d 411, 414-15 (9th Cir.2001) . {35} The standard of proof applicable to the
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What is the most suitable continuation to the opinion? Your options are:
A. holding that almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 in which supreme court held it unnecessary to prove prior convictions beyond a reasonable doubt is narrow exception to apprendi
B. holding that almendareztorres v united states 523 us 224 118 s ct 1219 140 l ed 2d 350 1998 expressly held that a prior conviction need not be proved to a jury and the united states supreme court has not held otherwise since
C. holding that we are bound to follow almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 even though it has been called into question unless it is explicitly overruled by the supreme court
D. holding that the supreme courts holding in almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 that the government need not allege in its indictment and need not prove beyond a reasonable doubt that a defendant had prior convictions for a district court to use those convictions for purposes of enhancing a sentence remains binding precedent
E. holding that almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 remains good law and rejecting the contention that prior convictions must be admitted by the defendant or found by the jury
Reply with [A, B, C, D, E] only.