With no explanation, chose the best option from "A", "B", "C" or "D". person serves on a jury. Under article 44.46(1), a conviction is reversible without a showing of harm if the defendant “raised” the disqualification before the verdict was entered; however, under (2) where the disqualification is not discovered or brought to the attention of the trial court until after the verdict is entered, the conviction is not reversible absent a showing of significant harm. However, because the disqualification could not be waived, see paragraph 11 of article 35.16, and the error occurred when the trial court did not sua sponte excuse the disqualified juror during the jury formation as required by Green v. State, 764 S.W.2d 242, 246 (Tex.Cr.App.1989), articles 44.46(1) and (2) are not applicable. See also Pogue v. State, 553 S.W.2d 368, 370 (Tex.Cr.App.1977) (<HOLDING>) The question of the absolute disqualification

A: holding that where the trial court is on notice of error in seating the panel before the jury is sworn and the error is not corrected automatic reversal is required
B: holding that even if there is error in failing to award nominal damages to a plaintiff such error is not a basis for reversal
C: holding that a plain error that is fatal to a conviction is sufficient to warrant reversal
D: holding that the omission of an element is not a structural error subject to automatic reversal but rather  where objected to  is subject to harmless error analysis
A.