State v. Hardesty

Caplinger, J.:

Bradley Hardesty appeals his jury conviction of identity theft in violation of K.S.A. 21-4018(d)(3). The identity theft charge resulted after Hardesty was pulled over for suspected driving under the influence (DUI) and produced his deceased brother’s driver’s license. Hardesty first challenges the sufficiency of the evidence of identity theft, arguing K.S.A. 21-4018 applies only when the defendant possesses another person’s identification documents. Hardesty reasons that his deceased brother was not a “person,” and therefore the evidence was insufficient to support the identity…