Background

• In Oct. 2002 a state trooper stopped Escobar for loud exhaust; she gave a false name (Ana Escobar) and DOB and said she had no license; the RMV check showed Ana Escobar’s license was suspended and a citation issued in that name.
• An investigation about a year later revealed the untruth; a complaint charged Escobar with multiple motor vehicle offenses and identity fraud (G. L. c. 266, § 37E(b)).
• In March 2004, pursuant to a plea agreement Escobar admitted to sufficient facts on most charges; identity fraud and suspended-license charges were continued without a finding then dismissed; one false-name charge was dismissed.
• In Nov. 2016 Escobar moved to withdraw her 2004 plea to identity fraud, arguing the facts did not establish an attempt to obtain "anything of value" as required by § 37E(b); the trial judge denied the motion.
• The Commonwealth argued "anything of value" includes intangible benefits such as avoiding criminal prosecution; Escobar argued the phrase is limited to items with market/financial value and does not include evasion of prosecution.
• The SJC granted direct review and reversed the denial of the motion to withdraw the plea, holding that § 37E(b)’s "anything of value" does not encompass avoiding criminal prosecution.

Issues

Key Cases Cited

• Commonwealth v. Hart, 467 Mass. 322 (plea-fact sufficiency standard)
• Commonwealth v. DelVerde, 398 Mass. 288 (requiring factual basis for guilty plea)
• Commonwealth v. Giavazzi, 60 Mass. App. Ct. 374 (elements of identity fraud under § 37E)
• Commonwealth v. Gallant, 453 Mass. 535 (ejusdem generis explained)
• Banushi v. Dorfman, 438 Mass. 242 (application of ejusdem generis to limit general terms)
• Commonwealth v. Mogelinski, 466 Mass. 627 (use of legislative history and purpose in statutory interpretation)
• Commonwealth v. J.A., 478 Mass. 385 (statutory construction regarding overlapping offenses)