Read the following excerpt from a US court opinion:
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appellant’s counsel affirmatively stated that she had no objection to the amendment and that appellant waived the ten-day notice afforded at the defendant’s request under article 28.10 of the code of criminal procedure. See Tex.Code CRiM. PROC. Ann. art. 28.10(a) (Vernon 1989). An indictment may not be amended on the day of trial. See State v. Murk, 815 S.W.2d 556, 558 (Tex.Crim.App.1991). But in order to preserve the error for appeal, a defendant must object; otherwise, the error is forfeited. Id.; Hoitt v. State, 30 S.W.3d 670, 674 (Tex.App.-Texarkana 2000, pet. refd); Briones v. State, No. 2-04-00250-CR, 2005 WL 1120018, at *2 (Tex.App.-Fort Worth May 12, 2005, no pet.) (mem.op.) (not designated for publication); see also Hernandez v. State, 127 S.W.3d 768, 772 (Tex.Crim.App.2004) ; Garrett v. State, 161 S.W.3d 664, 669
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What is the most suitable continuation to the opinion? Your options are:
A. holding if the state does not allege in the charging document the tolling of the statute in an otherwise sufficient information or indictment a defendant may by his actions waive this defense
B. recognizing that article 2810c provides that indictment or information may not be amended over defendants objection as to form or substance if indictment or information charges defendant with additional or different offense or if substantial rights of defendant are prejudiced
C. holding initial indictment which was subsequently found to be invalid tolled the thirtyday period and superseding indictment alleging different charges based on same fraudulent acts as earlier indictment was therefore timely
D. holding that defects errors and irregularities of either form or substance in an indictment or information must be raised by pretrial objection or are waived in postconviction proceedings indictment that failed to allege year of alleged offense contained a substantive defect but because defendant failed to object to this defect pretrial he could not raise it in a postconviction proceeding
E. holding that an indictment gave sufficient notice when the indictment charged the elements of the offense
Reply with [A, B, C, D, E] only.