Claudia Kathleen Pitts v. Commonwealth of Virginia

HALEY, Judge.

Claudia Kathleen Pitts (appellant) was indicted for larceny after having twice been convicted of offenses deemed to be larceny. See Code §§ 18.2-96 and 18.2-104. Appellant filed a motion in limine to prevent the Commonwealth from prose cuting her under the enhanced punishment provision of Code § 18.2-104 because, at the time of her offense, she had not been twice convicted of a larceny offense. She also argued the enhanced penalty larceny statute was unconstitutionally void for vagueness as applied to her. The trial court denied the motion. Appellant entered a conditional guilty…