Pinero v. Commonwealth

Aurelio Pinero, Jr., appeals from a judgment of a single justice of this court denying, without a hearing, his petition for relief under G. L. c. 211, § 3. Pin-ero has been convicted of assault and battery and assault with intent to rape. See Commonwealth v. Pinero, 49 Mass. App. Ct. 397 (2000). He filed a motion for a new trial in December, 2009. The trial judge denied that motion as well as a subsequent motion for reconsideration. More than thirty days after the motion for a new trial was denied, Pinero filed a notice of appeal along with a motion for an enlargement of time to do so. The…