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Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. Points of error twenty-five through twenty-seven are overruled. Both wree sexually assaulted by the gang members, beaten, and strangled. "At least some of the scumbags are dead. ", Maria Frausto said she often says a small prayer when she jogs past the memorial. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. ), cert. Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. Cantu did not make a final statement. Texas Rule of Criminal Evidence 610(b) provides: a witness may be cross-examined on any matter relevant to any issue in the case, including credibility. The trial court has discretion as to the extent of cross-examination of a witness for the showing of bias or as to credibility, and its decision is not subject to reversal on appeal absent a clear abuse of discretion. Hair Color: Black Expressions of sympathy may be sent at www.schaetter.com. Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. 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. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . I, Sec. Visit Website. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. He was frustrated that he had been the one who was unable to fight Raul. FN7. We will address the points as they are presented to us. In appellant's arraignment in open court, but outside the presence of the jury, the State read the indictment and appellant's counsel entered appellant's plea of not guilty. While the plain language of Article 36.01 indicates that an identical procedure should be followed in the jury's presence, it is not required by that language. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. 2254(d). Point of error eight is overruled. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. (1) determination that refusal to inform jury that, if petitioner received life sentence, he would not be eligible for parole for thirty-five years did not violate Due Process Clause was reasonable; Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. Point of error twenty-four is overruled. We deny a COA on this issue. At least they probably have a daughter they can go home to," Stacey said. However, his request for a mistrial was thereafter denied. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. He made off with two cases of Budweiser beer and about 140 DVDs before police caught up with him.Read more: Police: Man rammed car into Dollar General, stole Budweiser, , 37, of Universal City, was arrested outside a Whataburger on Pat Booker Road April 30, 2014. Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Point of error forty-four is overruled. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). All of the boys then took turns stomping on both girls' necks to make sure they were dead. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. Cantus execution was the third connected with the case. Instagram Contact Us Check out some new shirts! Nevertheless, such error is subject to a harm analysis. Peter Anthony Cantu, 35, was executed by lethal injection on 17 August 2010 in Huntsville, Texas for the rape and murder of two teenage girls. denied, 510 U.S. 1215, 114 S.Ct. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. FN6. Pete Cantu. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. The extraneous offenses that were admitted included: However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. * * * She walked to a nearby convenience store, and called someone to come and help her. Id. Pete Cantu. Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. Elgin, Texas. Overstreet, J., filed concurring and dissenting opinion. In related point of error twenty-four, appellant claims that the trial court erred in not including in the punishment charge special verdict forms listing the elements of each unadjudicated offense admitted by the State. ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. Article 37.071 2(h). As we set out previously, the Supreme Court recently held that, once the jury finds that the defendant falls within the legislatively defined category of persons eligible for the death penalty, the sentencer may be given unbridled discretion in determining whether the death penalty should be imposed. 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. The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: 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. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. Thus, reasonable jurists would not disagree with the district court's determination that the state court's conclusion was not an unreasonable application of federal law. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. 2009). Date of Offense: 06/24/93 The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. 55 (5th Cir. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. However, he contends that a meaningful review of the mitigation issue is impossible. Id. 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. Justice Blackmun's basic argument is that the capital sentencing procedures are unconstitutional because they are produced by paradoxical commands: allowing the jury to consider all types of relevant mitigating evidence, while, at the same time, requiring structured discretion in sentencing. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. I dont believe anybody ever in their lifetime is going to forget this. In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. Rule App. Nelson, supra, at 498. Ertman will stand a few feet away, watching again through the window. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. Tex.R.App. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. ), cert. I'd do the same thing if I was in his position. ", Even now, both families say there is no closure. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. When everyone was finished, Cantu told the boys to take the girls into the woods. This version went into effect September 1, 1991. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: 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 a sentence of life imprisonment rather than a death sentence be imposed. 1910, 150 L.Ed.2d 9 (2001) (using the clearly drafted catchall instruction of Texas Code of Criminal Procedure article 37.071 2(e)(1) as a frame of reference to compare its brevity and clarity against the confusing nature of the supplemental instruction given in that case). This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. "They are still in our hearts and prayers.". When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". Appellant's counsel responded, Not guilty, Your Honor. After the jury was brought in the next day, the State read the indictment in their presence. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: At trial, appellant's sister-in-law, Christina Cantu, and appellant's brother, Joe Cantu, both took the stand and testified that appellant and his co-defendants arrived at the Cantu house the night of the murders and freely talked, and even bragged, about the events of the evening. . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown After police informed Cantu that one of the other participants fully confessed, Cantu gave his second statement, in which he described how both girls were killed. Andrea Gorfolova. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. However, we have previously held to the contrary, finding no significance in the difference between the Eighth Amendment's cruel and unusual phrasing and the cruel or unusual phrasing of Art. They alerted the police and posted fliers, but the girls were not found. Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. Proc. (Direct Appeal) Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. Points of error eighteen and nineteen are overruled. He was on probation for assault in connection with an incident at the Astrodome parking lot in which he threatened another youth with a knife. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). We further note that appellant made no request for such a special verdict form and no objection was made to the instruction given at trial. Two members also have been executed and two others are serving life prison sentences. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. Funeral Home website by. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. In determining whether jury argument is extreme or manifestly improper, we look at the entire record of final arguments to determine if there was a willful and calculated effort on the part of the State to deprive appellant of a fair and impartial trial. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). The families hope to keep him in jail for his entire sentence, of which he has served almost half. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. Pursuant to Tex. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Cantu's assertion, however, invites us to look only at a single item of evidence and to ignore all of the remaining evidence in the case. Why kill when we know that sometimes we don't get it right?" Proc. The jury's finding of guilt satisfied Tison and Enmund. Therefore, we hold the first prong is met as to each offense. He had problems, he was sick, he is sick. See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. Sign Up. In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. Appellant's argument is purely based on statistical studies allegedly showing that, in Texas, the death penalty is more likely to be assessed when the victim is white than when the victim is a member of a racial minority. "He deserved to die, and 17 years later he died. See Photos. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. They were kicked, teeth knocked out and hair pulled out and ribs broken. Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no. 2. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. [THE STATE:] They were all saying that? Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. In fact, death row rules were changed to allow families to watch executions because of this case. . Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. The person not sentenced to death, 14 at the time, got a 40-year sentence. * * * 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). ] (emphasis added). BCSO spokesman Roseanne Hughes. The girls were abducted by Cantu and four members of a street gang he led as they walked along a set of railroad tracts, a shortcut home for them. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. Work history: Acw Specialties Sheet Metal Worker. Excessive . [WITNESS:] Yeah. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. They have also lived in Marion, TX. After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. OVERSTREET, Judge, concurring and dissenting. "I was the last parent to have seen them," she said. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. For more information about Border Patrol's Head of the Class Program or Youth of the Year Scholarship, please contact Supervisory Border Patrol Agent Pete Cantu at 956-289-5686. Mr. Pedro "Pete" Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. The victims' families attended the execution, but no one attended on his behalf. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. His offenses escalated to car theft and an attempted stabbing. Three dozen supporters cheered as the families emerged after the execution. Citations: 1756, 95 L.Ed.2d 262 (1987). A tip led authorities to the bodies. Cantu declined requests for interviews prior to his execution. Notwithstanding this, we hold that evidence concerning the sexual assault, robbery, and murder of Pena is admissible at guilt/innocence as same transaction contextual evidence to impart to the trier of fact information essential to understanding the context and circumstances of the offense. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders.

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