Anderson v. StateAnnotate this Case
Petitioner entered a no contest plea to the charges of burglary of a dwelling, grand theft, and falsification of ownership to a pawnbroker. The court adjudicated her guilty of all three counts and sentenced her to five years imprisonment. However, the court suspended her sentence on the condition that she complete two years of community control followed by probation, as well as pay monetary restitution. Petitioner was subsequently charged with driving with a suspended license pursuant to section 322.34, Florida Statutes. After her arrest, petitioner paid the required restitution, and the DHSMV reinstated her license. However, petitioner still faced a charge of violation of probation based upon the charge of driving with a suspended license. The court held that the Fifth District correctly held that the State sufficiently established the knowledge requirement of the current version of section 322.34(2) because (1) the mailing of the written notice of suspension satisfied the notice requirement of section 322.251(1), and (2) the State proved that this was the address of petitioner at the time of the mailing. Accordingly, the court affirmed the judgment, disapproving Brown v. State and Haygood v. State to the extent that those decisions conflicted with the opinion of the court.