Legal Opinion

Pineiro v. State

District Court of Appeal of Florida

Decided March 20, 2008No. 5D07-1726Published

1Opinion of the Court

THOMPSON, E., Senior Judge.

Andres Pineiro seeks a belated appeal with respect to his judgment and sentence and the trial court’s summary denial of his rule 3.850 motion. See Fla. R. App. P. 9.141(c). We find that Pineiro is entitled to a belated rule 3.850 appeal, but not a belated direct appeal.

Pineiro was charged with two counts of conspiracy to traffic in heroin, 28 grams or more, and one count of trafficking heroin, 14 grams or more. The trial court found Pineiro competent on 11 July 2003. He pled guilty to all counts on 25 September 2003, and was sentenced to concurrent terms of 18…

2Cases cited5 opinions

  1. Joseph v. StateDistrict Court of Appeal of Florida · 2003
  2. Johnson v. StateDistrict Court of Appeal of Florida · 1998
  3. Wyatt v. StateDistrict Court of Appeal of Florida · 1997
  4. Burnside v. StateDistrict Court of Appeal of Florida · 1998
  5. Spivey v. StateDistrict Court of Appeal of Florida · 2002

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