Read the following excerpt from a US court opinion:
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with a finding of a one-day violation and a 762-day violation; to order a fine greater than $50,000, the trial court had to find facts beyond those evident from the verdict. 567 US at_ cts that the Oregon Supreme Court will reverse our decision in N. R. L. and extend the civil jury trial right to restitution determinations. She requests that we “recognize that the law is unsettled in this area and * * * consider forestalling further litigation in this case by-anticipating the [S]upreme [C]ourt’s decision in N. R. L. by reversing the trial court’s restitution order in this case.” Ultimately, defendant pins her hopes on N. R. L. being decided in her favor before we decide her appeal. Only then, under State v. Jury, 185 Or App 132, 136, 57 P3d 970 (2002), rev den, 335 Or 504 (2003) , would any error in awarding restitution
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What is the most suitable continuation to the opinion? Your options are:
A. holding that where the law is unsettled at the time of trial but settled by the time of appeal the plainness of the error should be judged by the law at the time of appeal
B. holding that statutory good time credits must be calculated under the law in effect at the time of resentencing after an appeal of the sentence is determined
C. holding that the nature of the taxpayers legal interest in the subject property is determined by reference to state law
D. holding that whether error is apparent is determined by reference to the law as of the time the appeal is decided
E. holding that appellate courts analyze plain error by reference to the law as of the time the appeal is decided rather than the extant law at the time of the disputed trial court ruling
Reply with [A, B, C, D, E] only.