This opinion will be unpublished and

may not be cited except as provided by

Minn. Stat. § 480A.08, subd. 3 (1998).

STATE OF MINNESOTA

IN COURT OF APPEALS

C2-98-1217

State of Minnesota,

Respondent,

vs.

Charlie David Sislo,

Appellant.

Filed March 9, 1999

Affirmed

Klaphake, Judge

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.

U N P U B L I S H E D O P I N I O N

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.

D E C I S I O N

I.

Sislo argues that the information on the citation is inaccurate because it indicates his license plates were issued by the state of "Minnesota," when in fact they were issued by Wisconsin. The state acknowledges that the trooper made a mistake when he filled in the citation, but argues that this defect is not so prejudicial as to warrant dismissal. See Minn. Stat. § 169.99, subd. 1(a) (1996) (uniform traffic ticket has same form and effect as summons and complaint); Minn. R. Crim. P. 17.06, subd. 1 (no complaint shall be dismissed, nor trial affected by reason of defect or imperfection in matters of form which do not prejudice substantial rights of defendant). We agree.

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).

II.

Sislo challenges the trooper's decision to change his mind and cross out "55" and write in "65" on the citation before giving it to Sislo. At trial, the trooper acknowledged that he initially was going to give Sislo a "break," but changed his mind after Sislo told him that he always "fights" his tickets by going to court, where they get dismissed. The trooper testified that he did not like being "threatened" with court.

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).

III.

Sislo argues that he "was not speeding on a highway." Sislo does not deny that he was traveling on I-535, and his argument on this issue is unclear. Perhaps he is arguing that an interstate is not a "highway." However, "highway" is defined by statute to mean "the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right for the purposes of vehicular traffic." Minn. Stat. § 169.01, subd. 30 (1996). Thus, the reference to "highway" in Minn. Stat. § 169.14 is broad enough to encompass Interstate highways such as I-535.

Sislo's conviction is affirmed.

Affirmed.