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COMMONWEALTH PENNSYLVANIA v. ANTONIO A. MAZZCCUA (03/20/80)

SUPREME COURT OF PENNSYLVANIA


decided: March 20, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
ANTONIO A. MAZZCCUA, APPELLANT

No. 149 JANUARY TERM, 1978, Appeal from the Order and Judgment of Sentence of the Court of Common Pleas, Criminal Section Trial Division of Philadelphia County, imposing Bills of Information Nos. 313, 314, 315 October Term, 1976.

COUNSEL

Barnaby Wittels, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Philadelphia, Michelle Goldfarb, Asst. Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Kauffman, J., did not participate in the consideration or decision of this case.

Author: Flaherty

[ 488 Pa. Page 249]

OPINION OF THE COURT

In 1977 appellant, Antonio A. Mazzccua, was found guilty by a jury of possession of instruments of crime and murder of the first degree. After denial of post-trial motions, appellant was sentenced to one to five years for possession of instruments of crime and to life imprisonment for murder of the first degree. Appellant by his direct appeal seeks a new trial on the grounds that ineffective assistance of counsel at the trial and post-trial levels constituted a deprivation of his constitutional rights. In addition appellant asks that we remand for an evidentiary hearing for the purpose of presenting testimony in an attempt to show that during trial counsel's closing the district attorney made allegedly improper gestures and facial expressions that mocked counsel and derogated appellant.

Appellant was represented at trial by court appointed counsel -- his second attorney. Trial counsel filed post-trial

[ 488 Pa. Page 250]

    motions; a third attorney filed supplemental post-trial motions. Post-trial counsel died. On appeal appellant is represented by a fourth attorney who now raises sixteen assignments of ineffectiveness of both trial and post-trial counsel.*fn1

We have reviewed the briefs and the record and find that appellant's claims are without merit, and therefore we affirm the order and judgment of sentence of the court below.

Affirmed.


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