Massachusetts Supreme Judicial Court April 10, 2000 (Commonwealth v. Martinez)

Abrams, J.

Convicted of murder in the first degree on the *170theory of deliberate premeditation, the defendant appeals. Prior to the appeal being heard, the defendant moved to strike the original brief filed on his behalf. A single justice of this court declined to strike the brief1 and a motion for a new trial was remanded to the Superior Court.