Richard J. Elliott v. Commonwealth of Virginia

BRAY, Judge.

Pursuant to the terms of a plea agreement, Jonathan O’Mara pled guilty to “Attempted Cross Burning” and “Conspiracy to Commit a Felony,” violations of Code §§ 18.2-423 and 18.2-22, respectively, expressly reserving the right to appeal a prior order of the trial court which denied his challenge to the constitutionality of Code § 18.2-423. In a separate proceeding, Richard J. Elliott, codefendant with O’Mara, was convicted by a jury for attempted cross burning, after joining with defendant O’Mara in the unsuccessful challenge to the constitutionality of Code § 18.2-423 before the…