Appellant is incorrect. 2187) (omission and alterations in original). @pete.cantu.777. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. 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. Refine Your Search Results. See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. We have previously rejected this argument.
Therefore, we hold the first prong is met as to each offense. Cantu did not make a final statement. Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. Proc. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. Moore v. State, supra at 128, 128-09). Whether to grant a COA is a threshold inquiry that involves an overview of the claims in the habeas petition and a general assessment of their merits but does not require full consideration of the factual or legal bases adduced in support of the claims. Id. [Emphasis in original.] 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. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. The district court determined that this conclusion was not an unreasonable application of federal law. Resides in Laredo, TX. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. The court overruled his objection. Appellant cites no authority for why he should have been entitled to such an instruction. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010
Tuesday he paid for it with his life. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. 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. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. See Heitman, supra. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. "Theres nothing he would have said to me that would have made any difference," said Pena, who was wearing a white T-shirt with a photo of the two girls printed on the front. He let out a final breath at 6:17 p.m. and peacefully died. See Woods, 75 F.3d at 1039. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Martinez was fifteen years old and testified that she had known appellant for approximately three years and went out with him and mutual friends almost every weekend. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. This we decline to do. denied, 510 U.S. 1215, 114 S.Ct. 2052, 80 L.Ed.2d 674 (1984). This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. Elections 2016 See also: Donna Independent School District elections (2016) Six of the seven seats on the Donna Independent School District school board were up for general election on
(10:41 PM CDT, August 17, 2010). at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. Second, given the extent of the other evidence supporting Cantu's conviction, reasonable jurists would not disagree with the district court's determination that Cantu has not shown that he was prejudiced by his counsel's failure to raise a due process objection. "He did a horrendous crime to these two girls and he deserved to die. 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. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. "We could have put all of them in prison for life. . Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. 55 (5th Cir.
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. Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. As she was leaving, she was stopped by Joe Medellin, Peter Cantu and Sean O'Brien, who asked her to buy them some beer since they were underage.
Seven minutes later, O'Brien was dead. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). That is when Cantu, now 35, is set to die by lethal injection in Hunstville. denied, 510 U.S. 905, 114 S.Ct. He told Venancio to stay behind, saying he was "too little to watch." A memorial was erected to them at Waltrip High School, which they attended. Pete will be remembered for his infectious laugh and loving personality. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. Additionally, through the work of Houston crime victims advocate Andy Kahan, the case led to statewide policy changes giving crime victims and their families more of a voice in the criminal justice process. The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. denied, 513 U.S. 861, 115 S.Ct. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. He was frustrated that he had been the one who was unable to fight Raul. In point of error eight, appellant asserts that the trial court erred in admitting victim impact evidence. Specifically, he avers that because the indictment only named Ertman, allowing victim impact evidence (or any other evidence) regarding Pena was error. Cantu v. Quarterman, 341 Fed.Appx. In points thirty-seven and thirty-eight, appellant complains that the admission of unadjudicated extraneous offenses during the sentencing phase violated Article 37.07 and the Eighth and Fourteenth Amendments to the United States Constitution. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. Point of error thirty-four is overruled. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Proc. Both expressed regret for their role in the killings. [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. [THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. Background: Following affirmance of his conviction for capital murder and his death sentence, 939 S.W.2d 627, state inmate filed petition for writ of habeas corpus. "Its good that they wont be forgotten," Frausto said. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). I also dissent to the discussion of points one through four involving not allowing the jury to be informed that if sentenced to life appellant was statutorily mandatorily required to serve 35 years in prison before becoming eligible for parole. at 694, 104 S.Ct. FN2. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. 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. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. 586, 130 L.Ed.2d 500 (1994). Martinez was appellant's second witness at the punishment phase of trial. Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. 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. FN13. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. ), cert. Therefore, if he asserts that any evidence presented during the guilt/innocence phase constitutes inadmissible victim impact evidence, he has not preserved that complaint for appellate review. Man arrested after police say he stole vehicle of deputy who was chasing him on foot, More than 21K CPS Energy customers lose power due to storms, Texas mom accused of killing her children has history of violence, Pedro Cantu III booking photo from Guadalupe Co. Proc. The charge given was as follows:
Days later, Cantu's brother and sister-in-law reported what they had heard to the police. Date of Offense: 06/24/93
[WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. Article continues below advertisement. 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. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional.
The boys then ran after the girls and grabbed them. Hence, appellant's point of error thirty is overruled. To the extent Cantu's reliance on his first statement requires disbelieving his second statement in which he admitted to the killings, he failed to produce significant evidence calling the legitimacy of his second statement into question: he showed no constitutional or statutory violation in the taking of the statement, and he offered no trial testimony challenging the accuracy of his second statement. In his thirty-second point of error, appellant alleges that the second special issue on punishment is facially unconstitutional in violation of the United States Supreme Court decision of Tison v. Arizona, 481 U.S. 137, 107 S.Ct. February 19, 2014. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. I continue to voice my disagreement with the majority's continued refusal to acknowledge the constitutional infirmities in depriving the jury of information relevant to the special issues as to the statutorily required mandatory serving of 35 calendar years before becoming eligible for parole on a life sentence for capital murder. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriff's Office.
Known for Texas Metal 7.1 TV Series Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) 2021 1 ep Credits IMDbPro Self Previous 1 Texas Metal Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) TV Series 2021 1 episode Personal details Alternative name Pedro 'Pete' Canti Contribute to this page Suggest an edit or add missing content Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. denied, 492 U.S. 912, 109 S.Ct. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . 2382, 65 L.Ed.2d 392 (1980). 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.
Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. 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. Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. Texas presents the question of mitigating evidence to a jury through article 37.071, sections 2(e)(1) and 2(f)(4) of the Texas Code of Criminal Procedure.
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. Texas Execution Information Center by David Carson.
Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. (806) 763-5556. Nine minutes later, he was dead. Id. The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. (Aug. 17, 2010, 10:41PM). We disagree. Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. He has a whole business dedicated to handmade car interiors. 37.071.
On death row, Cantu, now 35, was classified among the best-behaving inmates. Point of error five is overruled. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. denied, 513 U.S. 1157, 115 S.Ct. Thus, we do not consider the argument on appeal. In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. 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. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. [THE STATE:] And what would he say about that? FN1. "They are still in our hearts and prayers.". A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). 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. Best Match Powered by Whitepages Premium AGE 80+ Pete Cantu Edinburg, TX Aliases Pedro O Cantu View Full Report Addresses N 19th Ave, Edinburg, TX "I was the last parent to have seen them," she said. ] (emphasis added). McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert.
By The witness replied in the negative. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge:
He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance. Raul was an acquaintance of Efrain and was not known to the other gang members. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. 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. Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. [WITNESS:] Yes. 2023 Holmgreen Mortuary. 3. the forethought and deliberateness exhibited by the crime's execution;
the probability of subsequent activity would be low. He even opined that in a situation of 70 years before parole eligibility, there would be no probability because he suspected that the individual would be dead by then. While he generally discusses each special issue, he never argues or provides authority as to why this makes the statute's operation unconstitutional as applied to him. * * *
The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. ), cert. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. 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. They decided to take a shortcut across the railroad tracks. "I had no idea they would be coming to this." See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. How they were mutilated, brutalized for perhaps as much as an hour. Rather, there must be some evidence directly germane to a lesser included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). They decided to follow the railroad tracks that passed by T.C. That's what they're doing; they're arguing nothing. Unfortunately, he revealed on Instagram . Cantu, then 18, orchestrated the attacks and slaying. This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 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. Appellant has not done this. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. 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. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. The girls were still on the tracks when they encountered the group of boys. Enchiladas, fajitas and a cinnamon bun. A memorial for them was also placed at T.C.
Article 37.071 2(h). See Photos. Appellant asked for a running objection as to this line of questioning. 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.