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STATE v. PETERSON

No. 80-1892.

102 Wis.2d 227 (1981)

306 N.W.2d 263

STATE of Wisconsin, Respondent, v. Rodney E. PETERSON, Appellant.

Court of Appeals of Wisconsin.

Decided April 7, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Larry A. Haukom, Bruce A. Pagel and Haukom & Ritchie of Madison.

For the respondent the cause was submitted on the brief of Roberta Klein, law intern, supervised by Stephen E. Bablitch, assistant district attorney, Madison.

Before Donlin, P.J., Foley, J., and Dean, J.

FOLEY, J.

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...

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