With no explanation, chose the best option from "A", "B", "C" or "D". she is clearly covered by the State Farm policy because she is the daughter of the named insured. See Utah Code Ann. § 31A-22-303(1)(a)(iii) (Supp.1999). However, if Phillip Toledo was driving, he would be covered only if he received permission from the named insured, Linda Motuapuaka, or her spouse, if any. See id. § S1A-22%-3038(1)(a)(@)(A). {29 As plaintiffs concede, paragraph 47 of the stipulation is an agreement as to the legal effect of the insurance policy. However, the insurance policy is a written instrument, and the construction and "legal effect of written instruments is necessarily a question of law, and hence is one that must be determined by the court." Verdi v. Helper State Bank, 57 Utah 502, 510, 196 P. 225, 228 (1921); see also Swift, 243 U.S. at 289, 37 S.Ct. 287 (<HOLDING>). Thus, paragraph 47, as to the legal effect of

A: holding that court must decide case on basis of facts admitted unaffected by stipulation made by counsel
B: holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed
C: holding that a defendants strategic stipulation to certain facts of the crime was not the functional equivalent of a guilty plea where the defendants stipulation did not establish guilt
D: holding that a defendants stipulation to the facts establishing guilt was the functional equivalent of guilty plea
A.