With no explanation, chose the best option from "A", "B", "C" or "D". 282, 312, 4 P3d 1261 (2000). “If the trial court’s decision was within the range of legally correct discretionary choices and produced a permissible, legally correct outcome, then the trial court did not abuse its discretion.” Id. Where, however, a trial court’s purported exercise of discretion flows from a mistaken legal premise, its decision does not fall within the range of legally correct choices and does not produce a permissible, legally correct outcome. See State v. Mayfield, 302 Or 631, 645, 733 P2d 438 (1987) (explaining that, in some circumstances, a trial court can err if it “fails to exercise discretion, refuses to exercise discretion[,] or fails to make a record which reflects an exercise of discretion”); see also State v. Pemberton, 226 Or App 285, 289, 203 P3d 326 (2009) (<HOLDING>). This court’s recent decision in State v.

A: holding failure to exercise discretion is abuse of discretion
B: holding that exercise of prosecutorial discretion was not subject to judicial review absent a constitutional claim or question of law
C: holding that under mayfield the exercise of discretion based on a mistaken premise of law can be a failure to properly exercise discretion
D: holding that the faas action in this case was  analogous to an exercise of prosecutorial discretion  and noting that when prosecutorial discretion is at issue the matter is presumptively committed to agency discretion by law
C.