Tracy Wayne Claytor v. Commonwealth of Virginia

PETTY, Judge.

Pursuant to Code § 19.2-254, Tracy Wayne Claytor entered a conditional plea of guilty to an indictment charging him with operating a motor vehicle after having been declared an habitual offender, in violation of Code § 46.2-357. Under his conditional plea of guilty, Claytor preserved the right to appeal the trial court’s pre-trial ruling prohibiting him from introducing evidence that he reasonably believed that he was no longer an habitual offender on the date of the offense. Claytor argues that the trial court erred because he was entitled to assert the affirmative defense of…