Whether a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute based on a claim of vindictive prosecution

QUESTION PRESENTED The States are divided on whether a guilty plea waives a defendant’s right to challenge, post-plea, the constitutional authority of the State to prosecute. In this case, in conflict with this Court’s recent decision in Class v. United States, 138 S. Ct. 798 (2018), the Virginia courts held that petitioner could not raise on appeal his claim of vindictive prosecution because he pled guilty without obtaining consent from both the trial court and prosecutor to make his plea conditional. The question presented is: Whether, in light of Class, a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute based on a claim of vindictive prosecution.