A Hutchinson man who apparently gave false names and was convicted of two counts of aggravated false impersonation and given 12-months probation on a 5-month sentences on each count saw both the conviction and the sentence reversed Friday by the Kansas Court of Appeals.
Jorge Diaz had apparently signed a traffic citation and a notice to appear following a car accident on January 25, 2011. He apparently appeared in Hutchinson Municipal Court and entered no contest pleas using the same false name and even signed a promise to pay fines using that name. He used the name of “Jesus Quezada.” After it was discovered that he used this name multiple times, the state filled the two charges of aggravated false impersonation.
Apparently, there are two residents here in Kansas with that name, one in Wichita and one in the Kansas City area, but neither had the same birthday as the Diaz.
A bench trial was held in front of Judge Tim Chambers who found Diaz guilty and handed down the sentence.
The Appeals Court ruled Friday that the mere signing of a municipal traffic citation which includes a notice to appear in municipal court does not equate to the execution of a bond or other instrument as bail which they say is required for a conviction of aggravated false impersonation. They also ruled that a “no contest” plea is insufficient to establish a confession of judgment.
They reversed the conviction and vacated the sentence.