State v. Banks

Davis, J.:

This is a direct appeal from a conviction for aggravated false impersonation. K.S.A. 21-3825. The defendant, Lee Ray Banks, appeals on the ground that the State failed to prove that the defendant had impersonated an actual person, which, defendant contends, is an essential element of the offense. We agree. Accordingly, we reverse and vacate defendant’s conviction.

The defendant was arrested in Kansas City, Kansas. One of the officers testified that, when defendant was arrested, he told them he was Eric Newton, that he was born in September 1970, and that his mother’s name was Ella…