Read the following excerpt from a US court opinion:
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appellant testified that he did not intend to shoot anyone and that he brought the gun with him in the hope that he could scare the group surrounding the car and get them away from Gonzalez. He also testified that he brought the gun with him to confront the group because he “thought it was the only way [he] could get [the group] away from Ryan.” He stated that when he brought the gun, he hoped to “[s]care [the group] to leave.... ” We conclude that the record contains some evidence that appellant’s purpose in threatening to use deadly force was “limited to creating an apprehension that he will use deadly force if necessary.” See id. Thus, because some evidence supports this defensive issue, we hold that appellant was entitled to a section 9.04 instruction. See Brown, 955 S.W.2d at 279 ; see also Shaw, 243 S.W.3d at 658 (holding
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory
B. holding that a jury verdict will be sustained on any reasonable theory based on the evidence
C. holding that defensive theory must be submitted to jury when theory is raised by evidence from any source
D. holding that it is a partys duty to request a jury instruction submitting its defensive theory to the jury
E. holding summary judgment appropriate when the facts in evidence supported another plausible theory not the plaintiffs theory of the case
Reply with [A, B, C, D, E] only.