Skitka v. State

Jobie Skitka raises two possible issues on appeal. We agree that the court erred in imposing a sentence beyond the statutory maximum in one ease and improperly imposed some costs and a fíne.

On June 18, 1990, Skitka was originally charged in case 90-187 with burglary of a dwelling involving an assault or battery, a first degree felony. Subsequently, he entered into a plea agreement in which he pled guilty to the lesser included offense of burglary, a third degree felony. A sentence of two years’ probation was imposed.

An affidavit of violation of probation was prepared in 1991 for technical…