With no explanation, chose the best option from "A", "B", "C" or "D". that the finding that the murder was committed during the course of a sexual battery or kidnapping was not erroneous. The United States Supreme Court indicated in Apprendi and Ring that there was one narrow exception to the Sixth Amendment requirement that a jury must find any fact that increases the maximum sentence: the fact of a prior conviction, as established in Almendarez-Torres. Ring, 536 U.S. at 597 n.4, 122 S.Ct. 2428; Apprendi v. New Jersey, 530 U.S. 466, 489-90, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Although the Supreme Court has since suggested that the continued validity of Almendarez-Torres may be in question, it has not directly revisited the exception created in that case. See Alleyne v. United States, — U.S. —, 133 S.Ct. 2151, 2160 n.1, 186 L.Ed.2d 314 (2013) (<HOLDING>); Ring, 536 U.S. at 597 n.4, 122 S.Ct. 2428

A: holding that almendareztorres was not overruled by apprendi
B: recognizing the prior conviction exception of almendareztorres
C: recognizing exception
D: recognizing the narrow exception created by almendareztorres but noting that it was not directly at issue in alleyne
D.