With no explanation, chose the best option from "A", "B", "C" or "D". Ake v. Oklahoma, 470 U.S. 68, 76-77, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). 15 . Utah Code Ann. §§ 77-32-101 to -704 (2003 & Supp.2005). 16 . Burns, 2000 UT 56, ¶ 24, 4 P.3d 795. 17 . Utah Code Ann. § 77-32-301(3) (2003). 18 . Burns, 2000 UT 56, ¶ 25, 4 P.3d 795. 19 . Bd. of Educ. v. Sandy City Corp., 2004 UT 37, ¶ 9, 94 P.3d 234. 20 . See 1A Norman J. Singer, Statutes and Statutory Construction §§ 22.29-22.30 (6th ed.2002) (discussing the presumption that an amendment was intended to change the prior statute; also discussing other tools of construction applicable to amendments). 21 . Burns, 2000 UT 56, ¶ 24, 4 P.3d 795. 22 . Act of March 5, 1997, ch. 307, §§ 1-5, 1997 Utah Laws 1181, 1181-82. 23 . Id. §§ 3-4, (codified as amended at Utah Code Ann. §§ 77-32-304.5, -305 .2d 83, 92 (1984) (<HOLDING>). 38 . Supra ¶¶ 14-15. 39 . Utah Code Ann. §

A: holding that dismissal with leave to amend should be granted even if no request to amend was made
B: holding that the district court did not abuse its discretion in denying defendants motion for additional funds where defendant had not shown exhaustion of the 500 granted
C: holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify
D: holding no error where the court initially granted 500 for an investigator and defendant made no subsequent request for additional funds
D.