By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. Work history: Acw Specialties Sheet Metal Worker. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. The totality of appellant's argument and authorities is as follows: Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. 724, 735-36 (5th Cir.2005). He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. Enter Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. Factor Tejano: Erika Rene (Tu Chaparrita) 2023 Pete Cantu. We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Building Materials. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. This version went into effect September 1, 1991. 1. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. 2254(d). The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. On the night of 24 June 1993, a group of teenage boys gathered at T.C. Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. Lock - U.S. Customs and Border Protection Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. Pete Cantu Profiles | Facebook Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. FN13. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. Also gone is natural gas pioneer George Mitchell, who passed . Race: White Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. Johnson v. State, 604 S.W.2d 128, 135 (Tex.Crim.App.1980) (panel op.). The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. When the attackers were finished, the girls were taken deeper into the woods where, at Cantus urging, they were beaten, strangled and stomped to death. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. 2193, 109 L.Ed.2d 520 (1990). In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. 3. the forethought and deliberateness exhibited by the crime's execution; All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police. We decline to do so. Yeah, yeah, I remember that. Hence, the second prong of Rousseau was not met in this instance either, and appellant was not entitled to a lesser-included charge of murder. The extraneous offenses that were admitted included: FN3. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. Martinez was appellant's second witness at the punishment phase of trial. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. 2213, 2223-24, 60 L.Ed.2d 777 (1979). The gang then drank beer and engaged in horseplay. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. 42.18, 8(b)(2), V.A.C.C.P., provision requiring a prisoner serving a life sentence for capital murder to serve 35 calendar years, without consideration of good conduct time, before becoming eligible for parole. First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. Tex.Code Crim. THE COURT: Overruled. Cantu; Pete Cantu; Texas; San Antonio; Pete Cantu in San Antonio, TX 19 results - Pete Cantu may also have lived outside of San Antonio, such as Laredo, Sinton and 2 other cities in Texas. Log in or sign up for Facebook to connect with friends, family and people you know. 2. 2934, 106 L.Ed.2d 256 (1989) does not require that, if a jury finds evidence to be both mitigating and aggravating, then it should give the evidence only its mitigating weight. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. denied, 516 U.S. 843, 116 S.Ct. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. All cuzz them fine ass girls you all wanted to fuck. Eight minutes later, he was dead. See Photos. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. Thus, we deny a COA on this final issue. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). Peter Anthony Cantu Execution: Mastermind of Jennifer Ertman and Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. ), cert. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. He told the call taker that the missing girls' bodies could be found near T.C. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. denied, 513 U.S. 967, 115 S.Ct. Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. "Two beautiful young girls," Goode says. "Peter Cantu Executed: Ringleader of the Ertman and Pena Rape and Murder Killed," by Jason Volentine. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. ), we noted that it has long been the law in Texas that evidence of a deceased's good and peaceful character is not admissible unless and until that character is placed in issue by the defendant. Patrick Myatt . That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. He had assaulted fellow students and a teacher, been kicked out of his regular school, and threatened security personnel at the alternative school to which he had been sent. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. A brief summary of the facts will be helpful. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. Nor does he argue that the charge given was inappropriate, only that it was incomplete. 2052. He was not eligible for the death penalty because of his age, and he did not participate in the murders. Christina subsequently convinced her husband to report the incident to the police. PEDRO CANTU - Pleasanton Express In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: at 826-28, 111 S.Ct. denied, 495 U.S. 940, 110 S.Ct. Subsequent decisions by this court have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime. East v. Scott, 55 F.3d 996, 1005 (5th Cir.1995) (internal citation omitted) (quoting Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir.1988)); see also Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir.2005). We likewise decline to undertake such a review in the instant case. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. Specifically, appellant complains of the following argument: He was pronounced dead at 6:17 p.m. See Free v. Peters, 806 F.Supp. The police traced the 9-1-1 call to Cantu's home. Here's a full rundown of the teams, drivers, and their cars. In his twenty-ninth point of error, appellant alleges that the juxtaposition of the terms reasonable doubt and probability unconstitutionally lowers the reasonable doubt quantum of proof. Appellant's basic argument is that the undefined probability in the future dangerousness issue invites juror confusion and is therefore unconstitutional. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. The same objection was lodged with regard to the testimony of Joe Cantu. 401 and therefore irrelevant in the context of the special issues under Art. Cantu was described as the leader of small gang known as the Black and Whites. VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. Pete will be remembered for his infectious laugh and loving personality. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: Thus, no egregious harm, if any harm at all, can be established. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. Every memory left on the online obituary will be automatically included in the book. Points of error thirty-seven and thirty-eight are overruled. Direct appeal is automatic. Failure To Object To Prosecution's Argument. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. denied, 516 U.S. 946, 116 S.Ct. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and In his thirty-fifth point of error, appellant complains that the trial court erred in failing to give the jury instructions on the lesser-included offenses of murder, sexual assault, robbery, and kidnapping. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. denied, 510 U.S. 1215, 114 S.Ct. We have already decided these issues adversely to appellant. Ex parte Cantu, No. They pulled on the belt, one boy on each side, until the belt broke. your email below for our complimentary daily grief messages. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. See 466 U.S. 668, 687, 104 S.Ct. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. In Ford v. State, 919 S.W.2d 107 (Tex.Crim.App.1996), we held that certain victim impact evidence was arguably relevant to the defendant's moral culpability contained within the third special issue that the jury was required to answer: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that sentence of life imprisonment rather than a death sentence be imposed. They were kicked, teeth knocked out and hair pulled out and ribs broken. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. He didn't go into details. Later Cantu and his accomplices were said to have joked about the brutal killings. "Theres no way to ever get closure from this. "He did a horrendous crime to these two girls and he deserved to die. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. * * * "He deserved to die, and 17 years later he died. Pete Cantu - Facebook He. BCSO spokesman Roseanne Hughes. denied, 512 U.S. 1246, 114 S.Ct. Save my name, email, and website in this browser for the next time I comment. Id. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony denied, 490 U.S. 1102, 109 S.Ct. Questions Post Question There are no questions yet for this company. On automatic direct appeal, the Court of Criminal Appeals, Mansfield, J., held that: (1) prosecutor's argument did not improperly instruct jury that it had to find nexus between defense evidence and crime before they could consider evidence mitigating; (2) letter written by defense witness to defendant was admissible to impeach witness' credibility and to show strong bias in favor of defendant; (3) erroneous admission of testimony by mother of victim, who was not named in indictment, concerning that victim's character and activities was harmless beyond reasonable doubt; (4) sufficient evidence supported jury's affirmative finding as to future dangerousness special issue; and (5) evidence did not warrant jury instruction on lesser included offenses of sexual assault, robbery, kidnapping, or murder. Texas Metal Season 3: Release Date, Cast, Renewed or Canceled? Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. Fourteen-year-old Venancio watched as the others raped both girls orally, vaginally, and anally until appellant told him that he should get some. The girls were still being raped when appellant whispered to Venancio, We're going to have to kill them. When everyone was finished, appellant told them to take the girls to the woods where they proceeded to strangle them. According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. (806) 763-8400. At this point, Roman and Frank Sandoval decided to leave. In point of error forty-three, appellant contends that the definition of mitigating evidence in Article 37.071 2(f)(4) makes the article facially unconstitutional because it limits the concept of mitigation to factors that render a capital defendant less morally blameworthy for the commission of the capital murder. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. at *24. He remains in custody as of this writing. Finding no reversible error, we affirm the judgment of the trial court. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. Retrieved June 3, 2022. 803(23) as statements against interest, corroborated by appellant's own responding actions and the co-defendants' possession of the victims' jewelry and the blood on the co-defendants' clothing when they came to the Cantu residence. One of the boys boasted of having 'virgin blood' on him. The charge given was as follows: Each juror may or may not believe certain evidence is mitigating; however, the constitution only requires that where a juror believes there is relevant mitigating evidence, that juror must have a vehicle to give his or her reasoned moral response to such evidence. Jester Park. In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. * that appellant threatened a woman and broke a window at her home; Pete Cantu - Lubbock, Texas, United States | Professional Profile Associated Phone Numbers. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. Both wree sexually assaulted by the gang members, beaten, and strangled. Though some of the assailants had little previous brushes with the law, Cantu by the age of 18 had given plenty of indication he was headed for trouble. Other cast members of the show are Spot and John. A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. They first passed by Roman and Frank Sandoval without incident. Pete Cantu. (AP August 17, 2010). Point of error twelve is overruled. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. The break in solving the case came from, of course, the 911 call. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). She had been stabbed and slashed in the abdomen, throat and back and strangled. Evidence at trial also tended to show appellant was the leader of the gang that committed this crime, and this evidence rebutted any implication he acted under duress or the domination of another at the time of the offense. Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. Volunteer Awards - border olympics denied, 510 U.S. 905, 114 S.Ct. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. Unfortunately, he revealed on Instagram . Andrea Gorfolova. ), cert. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. Select the best result to find their address, phone number, relatives, and public records. ), cert. We have held that, to constitute proper jury argument, the argument must encompass one (or more) of the following: (1) summation of the evidence presented at trial, (2) reasonable deduction drawn from that evidence, (3) answer to the opposing counsel's argument, or (4) a plea for law enforcement. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. Tex.R.App. Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. Johnson, supra, at 135. Pete Cantu, 82. The district court determined that this conclusion was not an unreasonable application of federal law. * * * He and other gang members also stood on the girls' necks to ensure they died. ^ D'Alessandro, Anthony (January 22, 2022). 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. Peter Anthony Cantu (AP Photo/Texas Dept. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct.
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