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Court Case Record COMMONWEALTH vs. AURELIO PINERO, JR. 2010-J-0577 UID(c782)


COMMONWEALTH vs. AURELIO PINERO, JR. Court Case Record

Court Case Number: 2010-J-0577


 
Case Number2010-J-0577
Case TitleCOMMONWEALTH vs. AURELIO PINERO, JR.
Case TypeCriminal
StateMassachusetts, MA
CountyHampden
CourtHampden Superior Court
Court Address
Phone
Field Date12/21/2010
Close Date12/20/2010

Parties

CounselNameType
Jane Davidson Montori, EsquireCommonwealthPlaintiff/Respondent
Aurelio Pinero, Jr.Pro Se Defendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
12/16/2010 #1 Motion to waive filing fees, filed by Aurelio Pinero, Jr.
12/16/2010 #2 Motion To Be Declared Indigent filed by Aurelio Pinero, Jr.
12/16/2010 #3 Motion for Appointment of Appellate Counsel filed by Aurelio Pinero, Jr.
12/16/2010 #4 Motion for an Enlargement of Time To File A Notice of Appeal Previously Filed by the Defendant.
12/20/2010 #5 RE#1: Allowed. By the Court, (Sikora, J.) *Notice
12/20/2010 #6 RE#2: No action necessary. See action this date on paper #1.
12/20/2010 #7 RE#3: Denied. See order this date on paper #4. *Notice
12/20/2010 #8 ORDER: Defendant Aurelio Pinero, Jr., has submitted a motion pursuant to Mass.R.A.P. 14(b) for enlargement of time to submit an appeal from the denial of his motion for a new trial by a judge of the Superior Court. On April 3, 1998, a Superior Court jury convicted the defendant of assault with intent to rape and assault and battery. He appealed unsuccessfully from those convictions to this court. The Supreme Judicial Court denied further appellate review. On or about December 8, 2009, he moved for a new trial pursuant to Mass.R.Crim.P. 30(b). On December 10, the motion judge (who also served as the trial judge) denied the motion for a new trial. Thereafter, on January 19, 2010, or thirty-nine days after denial of the motion for a new trial, he filed a late notice of appeal in the Superior Court. He now seeks leave to prosecute that late appeal. I DENY the motion for enlargement pursuant to Rule 14(b). The rule requires demonstration of "good cause." The defendant has failed to identify any such "good cause" for late prosecution of an appeal from the denial of the motion for a new trial. The papers, especially the defendant's affidavit in support of his motion at paragraph twenty-four, fails to identify any substantial issue warranting either hearing in the Superior Court or a late opportunity for appeal to this court. The defendant has failed to specify any claim which he did not previously address by direct appeal or which he could not reasonably have addressed through that process. The availability of a prior direct appellate process for presentation of an issue precludes its later assertion by motion for a new trial. A defendant "must raise a claim of error at the first available opportunity." Commonwealth v. Amirault, 424 Mass. 618, 637 (1997). He cannot raise such issues initially or repetitively by aforethought motions for a new trial. By the Court (Sikora, J.). *Notice/Attest/Image.
01/05/2011 #9 Motion to reconsider paper #5 filed by Aurelio Pinero, Jr.
01/19/2011 #10 RE#6: Upon reconsideration, I again deny the motion for enlargement for failure to identify "good cause" for late prosecution of the appeal. Mass.R.App. 14(b). (Sikora, J.) *Notice/Attest.
03/29/2011 #11 Judgment: Denying relief under c.211, s. 3 without a hearing (Gants, J.), dated 3/28/11 received from Supreme Judicial Court.
04/04/2011 Copy of Notice of appeal filed by Aurelio Pinero, Jr. , received from Maura S. Doyle, Clerk for Suffolk County.
09/09/2011 Letter from Aurelio Pinero, Jr. re: docket entries.
08/29/2011 Letter from Aurelio Pinero re: appeal of denial of motion for new trial.
09/13/2011 RE#9: The notice of appeal docketed on April 4, 2011 is treated as a notice of appeal from the December 20, 2010 order of the single justice denying Mr. Pinero's motion to enlarge time to file a notice of appeal from the denial of his motion for new trial, and from the January 19, 2011 order of the single justice denying his motion for reconsideration of the December 12, 2011 order, and is hereby deemed timely filed (Cypher J). *Notice/attest/Sweeney, J.
09/16/2011 Notice of Assembly of the Record to counsel.
09/16/2011 Memo: Case foleder of 10-J-577 filed with 11-P-1613