State v. Peterson

Rodney Peterson appeals from a judgment convicting him of deviating from a traffic lane, sec. 346.13(1), Stats., which followed his trial on a charge of inattentive driving, sec. 346.89(1), Stats. After taking testimony and hearing the arguments of counsel, the trial court, on its own motion, amended the charge. Peterson claims that because sec. 346.13(1) carries a greater penalty, 2 the amendment was improper. Because we conclude that the amendment is permitted by sec. 802.09 (2), Stats., and because Peterson was afforded a full and fair hearing, we affirm.

Section 802.09(2), governing…