(dissenting) — I dissent. The result reached by the majority is a classic example of legal technicalities strained to the point of incredulity.
Upon being stopped, Carr did not produce a bill of lading or shipping order to verify the load's destination. He merely showed Rosengreen a load ticket indicating the owner was Mr. Christensen, residing in Spokane, Washington.
Carr was thereupon cited for violation of RCW 81.80.070, an intrastate violation and was given a copy of that citation. By the time the parties arrived for trial, Rosengreen had investigated, and determined that Carr's destination was, in fact, Utah (interstate). This was brought to the attention of the prosecuting attorney and the judge who in open court amended the charge by crossing out RCW 81.80.070 and inserting RCW 81.80.371. This entire new section was read and explained to the defendant and, thereafter, he entered a plea of not guilty. Although he requested a copy of the new complaint, there was nothing to give him except, perhaps, a pencil so he could interlinéate the new RCW number on the copy he already had. He was then given a 1-week continuance to prepare a defense which he failed, or was unable, to do. After being found guilty the defendant, still pro se, appealed to the Superior Court demanding a jury trial. He was at all times well *443aware of the charges against him. He discussed the two RCW sections and told the trial judge he was entitled to a copy of the amended complaint. The judge asked him if there was any question about the charge and determined the defendant knew full well that the charges entailed transporting goods interstate rather than intrastate. The defendant was found guilty by a jury. His sole contention before the jury was that the State did not have authority to regulate interstate commerce. He again appealed, this time to Division One of the Court of Appeals where a 3-judge panel found harmless error and affirmed his conviction. On appeal to this court, Carr maintains that the district court improperly amended the complaint and did not have jurisdiction over him because he was not handed a copy of the amended charge.
JCrR 4.10, quoted by the majority, permits an amended complaint at any time before judgment if no different offense is charged and if substantial rights of the defendant are not prejudiced. Clearly, the defendant has not shown prejudice, he was at all times before any trial, aware of the charges against him, had adequate time to prepare a defense if he had any. Therefore the issue is, does a literal reading of the justice court rule allow this amendment— that is, is this a new offense? Before addressing this issue, however, a question arises as to whether this section even addresses the issue of an amendment before trial. I maintain it does not.
The section allows for an amendment of a complaint at any time before judgment, meaning, I would presume, during trial. All of the cases cited by the majority (State v. Rhinehart, 92 Wn.2d 923, 602 P.2d 1188 (1979); State v. Lutman, 26 Wn. App. 766, 614 P.2d 224 (1980); State v. Smith, 11 Wn. App. 216, 521 P.2d 1197 (1974)) are inapposite here. They all apply to amendments after the trial has begun. In fact, in the Lutman case the trial was over and the trial judge indicated there was insufficient evidence to find the defendant guilty of hit-and-run and failure to yield the right of way and thereafter allowed an amend*444ment orally to negligent driving and found the defendant guilty. Double jeopardy was an issue in that case. This is not the case before this court. I disagree with the unsubstantiated conclusion of the majority after discussing Lutman "[similarly, amending the complaint at the start of trial violated Carr's right to be informed of the accusations against him." Majority opinion, at 440. Here the citation was amended before any testimony was taken, the statute was read to him and he was properly arraigned.
Assume, however, as the majority did that JCrR 4.10 applies even before trial. Was a different offense charged, or was the amendment simply an alternate method of violating the rules of the Washington Utilities and Transportation Commission? I conclude it was the latter.
The defendant, an independent trucker for 20 years, failed to comply with either RCW 81.80.070 or RCW 81.80-.371. He knew he needed a permit to operate intrastate, and had to register to operate interstate. In fact, he had been registered with the Commission for the last 10 years as a carrier of exempt commodities in interstate traffic; he simply accepted a job to carry nonexempt commodities without following the rules and was apprehended.
The majority determined that the trial court violated defendant's constitutional rights by failing to actually hand him a copy of the amended complaint as required by article 1, section 22 of the state constitution. This section is clearly meant to ensure that a defendant has adequate notice of the charges against him. Under the circumstances of this case, I fail to see how giving Carr a copy of the amended complaint form would give him any better notice of the accusations against him. Accordingly, I conclude that the error was harmless beyond a reasonable doubt.
I would affirm the District Court judge, the Superior Court jury, the 3-member panel of the Court of Appeals, all of whom found the defendant in violation of RCW 81.80-.371.
*445Therefore, I dissent.
Brachtenbach, C.J., and Dolliver, J., concur with Dim-mick, J.