Read the following excerpt from a US court opinion:
```
by Florida. After testing the sufficiency of the statutory aggravating circumstances and weighing all statutory aggravating evidence against the relevant mitigating evidence, the jury returns a recommendation of either life imprisonment or the death penalty. Fla.Stat. § 921.141(2) (1985). A recommendation of life may only be overturned if "the facts suggesting a sentence of death [are] so clear and convincing that virtually no reasonable person could differ." Tedder v. State, 322 So.2d 908, 910 (Fla.1975). Although Florida is not constitutionally obligated to make a jury the sentencing authority in capital cases, Spaziano v. Florida, — U.S. -, 104 S.Ct. 3154, 82 L.Ed.2d 340 (1984), the Supreme Court’s recent decision in Baldwin v. Alabama, -U.S.-, 105 S.Ct. 2727, 86 L.Ed.2d 300 (1985) , indicates that a state’s greater power to
```
What is the most suitable continuation to the opinion? Your options are:
A. recognizing that even a nonunanimous recommendation of death by the jury proved that the jury including the jurors who voted against the recommendation of death had unanimously found the existence of a proffered aggravating circumstance even though the circumstance was not included within the definition of the particular capitalmurder offense charged in the indictment because the trial court had specifically instructed the jury that it could not proceed to a vote on whether to impose the death penalty unless it had already unanimously agreed that an aggravating circumstance existed
B. holding that an aggravating circumstance in the georgia death penalty statute was unconstitutionally vague
C. holding that it was a due process violation where the judge in issuing the death sentence against the recommendation of the jury considered a confidential presentencing report that was not considered by the jury
D. holding that under the alabama death penalty statute because the judge did not consider the jurys recommendation the statute which forced the jury to sentence the defendant to death whenever aggravating circumstances existed was not unconstitutional
E. holding that the death penalty is unconstitutional as applied to juvenile defendants
Reply with [A, B, C, D, E] only.