may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1998).
STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
Charlie David Sislo,
Filed March 9, 1999
St. Louis County District Court
File No. T6-98-605586
Michael A. Hatch, Attorney General, 1400 NCL Tower, 445 Minnesota St., St. Paul, MN 55101; and
Cynthia H. Albright, Assistant Duluth City Attorney, 410 City Hall, Duluth, MN 55802 (for respondent)
Charlie Sislo, 2 Winter St., Superior, WI 54880 (appellant pro se)
Considered and decided by Kalitowski, Presiding Judge, Short, Judge, and Klaphake, Judge.
Charlie David Sislo appeals pro se from a petty misdemeanor conviction for speeding (65 m.p.h. in a 45 m.p.h. zone) in violation of Minn. Stat. § 169.14 (1996 & Supp. 1997). Because the defect on the face of the citation was minor and did not prejudice Sislo's substantial rights and because the evidence otherwise supports Sislo's conviction, we affirm.
Sislo does not claim that the citation failed to apprise him adequately of the charge against him or otherwise prevented him from presenting a defense. Nor does he claim that he failed to receive a fair trial due to the mistake in the citation. Finally, although he raised the issue of the mistake during trial, he did not specifically request that the citation be amended. Thus, the error in indicating which state issued Sislo's plate did not prejudice Sislo's substantial rights. State v. Hagen, 361 N.W.2d 407, 413 (Minn. App. 1985), review denied (Minn. Apr. 18, 1985); State v. Hatlestad, 347 N.W.2d 843, 845 (Minn. App. 1984).
Sislo presents no evidence or any arguments that the trooper's actions amounted to anything more than the mere exercise of police discretion. Sislo does not challenge the accuracy of the 65, 64, and 61 mph readings obtained. The trooper thus had the authority to issue the citation and charge Sislo with speeding. See Minn. R. Crim. P. 17.06, subd. 2(2) (complaint may be dismissed if, among other grounds, facts stated in complaint do not constitute an offense); Minn. Stat. §§ 169.99, subd. 1(a) (police have authority to issue traffic citations); 169.14 (offense of speeding).
Sislo's conviction is affirmed.