definately a 3 toed, but I'm not at all convinced that is a male, in fact looks more female, the eyes have red color, and there is some orange color in the face, but females can have both of those features, and the eyes don't really have that "male aggressive stare", plus the plastron looks completely flat in the pic. no concave at all and the carpace has a more rounded domed shape more typical of female. There are exceptions, but would be good to see tail shot too.
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Jeff Benfer
gartersnakemorph.com