Jayko v. the State
335 Ga. App. 684
Ga. Ct. App.2016Background
- In 2005 Kara Jayko pleaded guilty to three counts of forgery, one count of false statements, and nolo contendere to two lesser charges; she was sentenced to ten years’ probation for the forgery counts.
- At sentencing the judge allegedly imposed an oral special condition prohibiting Jayko from living with an unrelated person of the opposite sex; that condition does not appear in the written sentence and no sentencing transcript is in the record.
- Jayko filed a timely notice of appeal in October 2005, but the superior court clerk did not transmit the record to the Court of Appeals until September 10, 2015 due to unpaid costs and lack of an affidavit of indigence.
- Jayko’s probation term expired October 5, 2015, before the record reached this Court; she challenges only the now-expired probation condition.
- The State moved to dismiss the appeal as moot because Jayko is no longer subject to the challenged probation condition; Jayko urged the Court to decide the issue despite mootness.
- The Court of Appeals concluded Jayko’s challenge is moot and dismissed the appeal, while noting the transmission delay and reminding counsel of obligations to preserve appeals for indigent defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot because the challenged probation condition expired | Jayko: the Court should decide the important constitutional issue despite expiration | State: appeal is moot; no relief would benefit Jayko | Appeal dismissed as moot; no jurisdiction to decide |
| Whether precedent permits courts to hear expired-sentence challenges | Jayko: precedent allows courts to hear important moot cases | State: precedent permits only limited exceptions where relief still benefits appellant | Court: precedents permitting post-sentence review apply to conviction challenges with collateral consequences, not to expired-only sentence conditions |
| Whether Jayko suffered prejudice from the 10-year transmission delay | Jayko: delay foreclosed review of the condition imposed | State: the condition expired so remedy unavailable | Court acknowledged delay and counsel errors but dismissed appeal as moot because no remedy possible |
| Whether oral conditions not in the written sentence are enforceable | Jayko: asserts oral condition was imposed | State: written sentence control; absence in writing suggests condition may not have applied | Court noted written sentence requirement and absence of transcript; court still dismissed on mootness grounds |
Key Cases Cited
- Collins v. Lombard Corp., 270 Ga. 120 (mootness is jurisdictional)
- Roberts v. Deal, 290 Ga. 705 (moot cases must be dismissed)
- Medina v. State, 312 Ga. App. 399 (discussing discretion to address expired-sentence challenges to convictions)
- Chaplin v. State, 141 Ga. App. 788 (post-sentence review permitted where collateral consequences remain)
- Miller v. State, 288 Ga. 153 (challenge to probation matters can be moot where no adverse collateral consequences remain)