Commonwealth v. Candelario

The defendant was convicted by a jury of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. He appeals from his conviction and *848from the trial judge’s denial of his motion for a new trial. Represented by new counsel on appeal, the defendant argues in his direct appeal that there was insufficient evidence for the jury to convict on the theory of extreme atrocity or cruelty. The ground for the defendant’s appeal from the denial of his motion for a new trial is ineffective assistance of counsel for failure to pursue the defenses of lack of criminal…