Waller v. State

Dennis Wayne Waller appeals his judgment and sentence for attempted capital sexual battery. We affirm his conviction without further comment. We also affirm the assessment of the $2 criminal justice education cost imposed pursuant to section 938.15, Florida Statutes (2002), because it is now a mandatory cost in Pasco County that the trial court properly imposed without an oral pronouncement and without making a determination of ability to pay. We recede from several earlier cases that conflict with this holding. Finally, we strike and remand for further proceedings that portion of his sentence that requires Mr. Waller to pay a $150 court facilities fee and an $800 public defender lien.