With no explanation, chose the best option from "A", "B", "C" or "D". Tropea, 78 N.J. 309, 313 (1978) (declining to hold that double jeopardy bars retrial of speeding offense but finding that retrial was barred by considerations of fundamental fairness); State v. Gregory, 66 N.J. 510, 519 (1975) (prohibiting multiple prosecution for acts arising out of same arrest under court’s supervisory power to ensure fairness in the administration of justice, although rejecting constitutional attack); State v. De Bonis, 58 N.J. 182 (1971) (as a matter of policy, not due process, defendant who appeals from conviction entered in municipal court and receives trial de novo in county court may not receive harsher sentence on retrial). We find such considerations of fairness clearly no less compelling in a capital case. See also State v. Biegenwald, supra, 106 N.J. at 53 (<HOLDING>). 76 Because the trial court instructed the

A: holding that if the imposition of the death penalty depends on the existence of aggravating factors a jury must find those factors beyond a reasonable doubt
B: holding that the penaltyphase juryneed not find that aggravating factors sufficiently outweighed mitigating factors beyond a reasonable doubt
C: holding that the grand jury need not find nonstatutory aggravating factors
D: holding that failure to charge that jury must find aggravating factors outweigh mitigating factors beyond a reasonable doubt violates fundamental fairness and requires reversal of death sentence
D.