With no explanation, chose the best option from "A", "B", "C" or "D". see Gonzalez [v. Justices of the Mun. Ct.] 420 F.3d [5,] 8-9 [ (1st Cir. 2005) ]. A resolution in the defendant’s favor of a necessary factual element of the offense is a definitive determination that the defendant cannot be convicted. [¶ 14] In Blunt, 2008 ND 135, ¶ 7, 751 N.W.2d 692, we identified the elements of the offense of misapplication of entrusted property under N.D.C.C. § 12.1-23-07(1): (1) the disposal, use, or transfer; (2) of any interest in property; (3) which has been entrusted to the defendant; (4) as a fiduciary or in his capacity as a public servant; (5) in a manner he knows is not authorized; (6) and that he knows to involve a risk of loss or detriment to; (7) the owner of the property or the government. See also State v. Barendt, 2007 ND 164, ¶ 10, 740 N.W.2d 87 (<HOLDING>). [¶ 15] On Count I, the State provided

A: recognizing the existence of purely jurisdictional elements
B: recognizing that exempt property ceases to be property of the estate
C: holding that it was up to the jury to decide whether the broker and seller understood the property to be sold where the listing agreement erroneously indicated a property description was attached but the seller testified the broker knew what property was to be sold
D: recognizing and listing the seven elements of misapplication of entrusted property under ndcc  1212307
D.