State v. Jaramillo

BENHAM, Justice.

In this appeal from an order granting habeas corpus relief to Filiberto Jaramillo, the State raises a single procedural issue, arguing the habeas corpus court should have dismissed the petition for failure to serve the district attorney pursuant to OCGA § 9-14-45. Because the State failed to raise that alleged insufficiency of service in a timely manner, we deem it to have waived the defense and affirm the judgment below.

Jaramillo pled guilty to a misdemeanor in state court in 1999 and completed the sentence imposed. In 2004, Jaramillo filed a petition for a writ of habeas…