Read the following excerpt from a US court opinion:
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does not apply so as to preclude a new evidentiary hearing on the enhancement issue, we have still found no basis in the record to conclude the initial hearing on this issue was inadequate. The State has pointed to no error in the district court proceeding that would entitle the State to a new hearing, nor does the record reveal any other matter that hindered the prosecution’s ability to amend the trial information prior to that hearing in order to rely on other prior convictions. In sum, the State had a full and fair opportunity to support its accusation that the defendant was a habitual offender, but its evidence was insufficient. In view of these circumstances, the prosecution is not entitled to a second bite of the apple to remedy its failure of proof. Cf. Woody, 613 N.W.2d at 218 ; M-Z Enters., Inc. v. Hawkeye-Sec. Ins. Co.,
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What is the most suitable continuation to the opinion? Your options are:
A. holding that addition of charge for crime committed while the defendant was released on bail did not discharge suretys obligation to produce the defendant on original charge
B. holding that in conjunction an information with a narrow charge and an abstract of judgment indicating that a defendant pled guilty to that charge prove the precise elements of the offense to which the defendant pled guilty
C. holding state was stuck with unenhanced conviction on reduced charge to which defendant pled guilty and prosecution could not reinstate original charge upon remand the state should bear the consequences of a decision that was based on the states wrong assumption that the habitualoffender statute applied
D. holding that jurys failure to address first degree murder charge amounted to a verdict of not guilty on that charge
E. holding circuit court had subject matter jurisdiction to accept a guilty plea where defendant was not indicted for the charge to which he pled guilty but signed a sentencing sheet which established defendant was notified of the charge to which he pled guilty
Reply with [A, B, C, D, E] only.