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The murders also forced Houston city officials to treat gangs as a serious crime problem, when they had previously denied that there was a gang problem in the city. ), cert. "I think about them. Barnes, supra. 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. 1029, 154 L.Ed.2d 931 (2003). Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. He didn't go into details. Pursuant to Tex. 81(b)(2). 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. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. No additional information for Cantu Roofing yet. Ertman made the drive here four years ago for the first execution. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). "Maybe some satisfaction, but no closure.". Barnes, 876 S.W.2d at 322. Pete Cantu's Instagram, Twitter & Facebook on IDCrawl 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. They were friends who attended the same high school in Houston, Texas, Waltrip High School. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. ), cert. Point of error nine is overruled. However, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. 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. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. It affected more than just Melissa and me and Randy and Sandy.". 927 (1908). [APPELLANT:] May we have a running objection to the out of court statements, judge? Tex.Code Crim. 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. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa Ha-ha. 74(f). Cantu also confessed. Jester Park at White Oak Bayou. (Aug. 17, 2010, 10:41PM). 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. The families hope to keep him in jail for his entire sentence, of which he has served almost half. 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. Your email will not be used for any other purpose. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. FN4. FN2. In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. 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. With the final execution completed, Pena said the two murdered girls can finally have peace. Article 37.071 2(h). Save my name, email, and website in this browser for the next time I comment. "Just a bad, bad case.". They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. [APPELLANT:] Excuse me, ma'am. Shoelaces were used to strangle Pena. Refine Your Search Results. This scheme does not create the paradoxical commands of concern to Justice Blackmun. 1871, 128 L.Ed.2d 491 (1994). Cantu Roofing, San Antonio, TX - Roofing Contractor Profile - Homeflock "Two beautiful young girls," Goode says. In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. Such victim impact statements, as they are called, are now commonplace. ; 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). Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. denied, 516 U.S. 832, 116 S.Ct. Archived from the original on June 6, 2022. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. 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. Hell, no.". 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. They said they would buy her some gas and get her on the road again if she did. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. 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. See Photos. The totality of appellant's argument and authorities is as follows: ), 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. 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. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. 52(a). What did he say? Texas Metal Season 3: Release Date, Cast, Renewed or Canceled? In Memory of Peter Cantu STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. Associated Addresses. 5. the defendant's age and personal circumstances at the time of the offense; Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. 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. Eye Color: Brown 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 The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. 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. "He deserved to die, and 17 years later he died. Funeral services for Mr. Pedro Pete Cantu were held on Monday, February 3rd at 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. FN3. 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. 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. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. Texas law initially limits the class of murderers eligible for capital punishment to those convicted of murders involving special circumstances as described in Texas Penal Code 19.03. 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 COURT: Overruled. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. * * * 2382, 65 L.Ed.2d 392 (1980). Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. Cantu was the 16th person to be put to death by the state of Texas this year. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. 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. Peter Cantu confessed to the murders at the time of his arrest. Id. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: Weight: 135. The lethal injection was started, and he was pronounced dead at 6:17 p.m. "Cantu executed for 1993 deaths of Houston teens," by Mike Tolson. Point of error twenty-four is overruled. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. The pertinent part of Article 37.071 2(a) reads: 705 (1992). Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. "I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. Seven minutes later, O'Brien was dead. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. Cantu had left his wallet at . A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. In a thorough and well-reasoned memorandum and order, the district court denied habeas relief and, sua sponte, declined to issue a certificate of appealability on any of the issues raised by Cantu. 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. Pete Cantu (1914 - 1980) - El Cerrito, California. AUSTIN Texas Attorney General Greg Abbott offers the following information about Peter Anthony Cantu, who is scheduled to be executed after 6 p.m. on August 17, 2010. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. "It does make a little difference. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. 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. 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. He let out a final breath at 6:17 p.m. and peacefully died. Michelle Cantu Found! - See Phones, Email, Addresses, and More Nine minutes later, he was dead. As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. He went back and forth between his brother and Cantu, urging them to leave, but Cantu told him that he should "get some", so he joined in on raping Ertman. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? B Rare CDs, MP3s, DVDs and MP4s Live Concert Recordings Pleasanton Express Staff Appellant adopts Justice Blackmun's arguments in his dissenting opinion on the denial of certiorari in Callins v. Collins, 510 U.S. 1141, 114 S.Ct. 2009). Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. denied, 506 U.S. 999, 113 S.Ct. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. 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 Sheriffs Office. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Why kill when we know that sometimes we don't get it right?" In his thirty-ninth and fortieth points of error, appellant alleges that Article 44.251(a) is facially unconstitutional when taken together with Article 37.071 2(a) because the former requires a sufficiency review of the latter. Point of error thirty-three is overruled. Jose Medellin was executed in August 2008. at 688, 690, 104 S.Ct. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. 2934, 106 L.Ed.2d 256 (1989). At this point, the Sandoval brothers decided that it was time to leave. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. Pete Cantu in Texas. Prior to the trial's opening statements, appellant objected that any testimony regarding the kidnapping, robbery, sexual assault, or murder of Pena constituted evidence of extraneous offenses. He remains in custody as of this writing. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. Court appeals to delay the punishment appeared exhausted. Pete will be remembered for his infectious laugh and loving personality. Excessive . Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. Not soon enough. "At least some of the scumbags are dead. The attackers confessed and at times seemed indifferent to the charges against them. Pulled this out the drafts #fyp #disneyparents #blowthisup | TikTok Tex.R.App. Estimate Request Form He contends in his twenty-sixth point of error that the scheme is unconstitutional as applied in that it fails to channel the sentencer's discretion. Work history: Acw Specialties Sheet Metal Worker. Jester, both busy streets. However, we affirmed the original holding on appeal. He was not eligible for the death penalty because of his age, and he did not participate in the murders. A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. 84 Lumber. 2253(c)(1). For the reasons stated in my dissents in Rhoades v. State, 934 S.W.2d 113 (Tex.Cr.App.1996); Anderson v. State, 932 S.W.2d 502 (Tex.Cr.App.1996), and Morris v. State, 940 S.W.2d 610 (Tex.Cr.App.1996), I dissent to the majority's treatment and discussion of points one through four. Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the State the decision on how to implement this right. (Habeas). See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews denied, 513 U.S. 1157, 115 S.Ct. 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. 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. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. 2253(c)(2). Texas Metal (TV Series 2017-2021) - Full Cast & Crew - IMDb 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. 1978, 131 L.Ed.2d 866 (1995). The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. A memorial for them was also placed at T.C. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. In that case, a 27-year-old woman was found at a Houston park with her throat cut. Every memory left on the online obituary will be automatically included in the book. 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. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. . LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. Peter Cantu in TX - Address & Phone Number | Whitepages 1676, 95 L.Ed.2d 127 (1987). Accordingly, appellant waived any error by his failure to object to the procedure used by the trial court in its entering of his plea before the jury. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. 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. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. ", Maria Frausto said she often says a small prayer when she jogs past the memorial. Pedro "Pete" Cantu, Jr. | Obituaries | livingstonparishnews.com Two members also have been executed and two others are serving life prison sentences. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. denied, 510 U.S. 1215, 114 S.Ct. See Photos. denied, 499 U.S. 932, 111 S.Ct. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. The police searched the park without finding anything. Find your friends on Facebook. He was friendly and never met a stranger. On June 24, 1993, the girls spent the day together and then died together. Tex. Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. Id. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. He died in July 1980 at 66 years of age. Expressions of sympathy may be sent at www.schaetter.com. While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense, Campbell v. Dretke, 117 Fed.Appx. 315 followers. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." to the family or plant a tree His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. Jose Medellin was executed in August 2008. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. 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.
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