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. Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. However, no such evidence exists. Appellant alleges that this denial violated the Eighth Amendment. At least they probably have a daughter they can go home to," Stacey said. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. 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. 1871, 128 L.Ed.2d 491 (1994). Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. ), cert. We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: (Aug. 17, 2010, 10:41PM). 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. Thus, we deny a COA on this final issue. They said they would buy her some gas and get her on the road again if she did. 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. Such victim impact statements, as they are called, are now commonplace. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. * that appellant attacked a sixth grade teacher; (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). 'It's ridiculous. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. Preceded in death by his parents, five brothers: Isidro, Ben, Jacinto, Tiofilo, and Pablo Cantu, four sisters: Janie Arguijo, Julia Flores, Frances Arguijo, Lupe Cantu, grandson: Matthew Cantu, four greatgrandchildren: Rosando Cantu, Emily Marquez, Jacob Benitez, Jasmine Cadena. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. He did not acknowledge the victims families and he had no personal witnesses attending the execution. ), cert. Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. [Emphasis in original.] Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. However, this holding was subsequently rejected by the Seventh Circuit. * * * On June 24, 1993, the girls spent the day together and then died together. For those who so desire you may make memorial contributions in his memory to the charity of your choice. She bought the beer and went with the group, unwittingly heading to her death. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. He became notorious for trying to kick a TV cameraman recording his arrest. C. Texas's Mitigating Evidence Instruction. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. See Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir.2001) (The definition of mitigating evidence does not limit the evidence considered under the third special issue (whether mitigating circumstances warrant a life, rather than a death, sentence).); see also Roach v. Quarterman, 220 Fed.Appx. In point of error nine, appellant complains that the trial court committed reversible error in failing to grant a mistrial following improper argument by the State. Situando a esta Finally, Cantu robbed Ertman of her rings, necklaces, and cash. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). I, Sec. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. He gave no final statement and showed no remorse for his acts. 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. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. Family and friends are coming together online to create a special keepsake. Rousseau, 855 S.W.2d at 687, n. 26. If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. Because we have this procedure set up, do we kill our children? Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. 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." Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. * that appellant threatened to kill an officer of the law; and Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. The Supreme Court has also expressed approval of this method of instructing the jury concerning the consideration of mitigating evidence. Nevertheless, such error is subject to a harm analysis. ), cert. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. 78 and Loop 1604. Both wree sexually assaulted by the gang members, beaten, and strangled. 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. Pete Cantu was a candidate for the Place 6 seat on the Donna Independent School District school board in Texas.Cantu was defeated in the by-district general election on November 8, 2016.. Proc. Elgin, Texas. All Filters. Pedro Cantu. Point of error forty-four is overruled. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. [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. denied, 499 U.S. 932, 111 S.Ct. 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. 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. Appellant has shown no particularized need for this study. Peter Cantu then walked in and readily agreed with their recollection of events. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. The initiation involved fighting each member of the gang for a five- to ten- minute period. 2954, 57 L.Ed.2d 973 (1978). That's what they're doing; they're arguing nothing. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. Roofing, Home Builders, Additions, Home Theaters, General Contractors. This scheme does not create the paradoxical commands of concern to Justice Blackmun. Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. (10:41 PM CDT, August 17, 2010). View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas However, because his last objection was specifically to hearsay, we will address the point on this ground. 74(f). 2052. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 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. 7. psychiatric evidence; and [THE STATE:] And what would he say about that? [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. She walked to a nearby convenience store, and called someone to come and help her. B B King; B L A C K I E; B Movie Blues; B Rezell and OFTB; B-52s; B-Wave Heusden; B3 Fusion; B3 Kings; B52s; Ba Cissoko; Baaba Maal; Bab L Bluz; Bab Lbluz; Baba Commandant; Baba N ), cert. This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. Specific examples of these statements include the following: [from C. Cantu's testimony] This we decline to do. Cantu then parceled out jewelry and money he had taken from the girls. He was dearly loved and will be greatly missed by all who knew and loved him. Rousseau v. State, 855 S.W.2d 666 (Tex.Crim.App. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. 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. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. 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. Not soon enough. 2193, 109 L.Ed.2d 520 (1990). BCSO spokesman Roseanne Hughes. See Free v. Peters, 19 F.3d 389 (7th Cir. Hence, his point presents nothing for our review.FN12 Tex.R.App. Petitioner filed application for certificate of appealability (COA). Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. In this regard, this point is inadequately briefed and presents nothing for our review. denied, 516 U.S. 946, 116 S.Ct. Ha-ha. A visitation will be held from 10:00 AM to 11:00 AM with a Holy Rosary to be recited at 11:00 AM on Monday, February 21, 2022 at Holmgreen Mortuary, 2061 E. Main St., Alice, TX. Finally and in the alternative, the district court determined that there was no reasonable probability of a different result had Cantu's counsel raised a due process objection to the photographs because other sources of evidence painted a vivid image of Cantu's brutality and otherwise amply supported a finding that Cantu committed capital murder. * * * Cantu declined requests for interviews prior to his execution. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. 17. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. In his twenty-fifth point of error, appellant complains that the death penalty statute is unconstitutional as applied to him in that it failed to narrow the sentencer's discretion as a result of the deletion of the deliberateness issue. 433, 130 L.Ed.2d 345 (1994). 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. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. Raul was an acquaintance of Efrain and was not known to the other gang members. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. "It's a little late," Ertman said. Christina subsequently convinced her husband to report the incident to the police. denied, 512 U.S. 1246, 114 S.Ct. 724, 735-36 (5th Cir.2005). County of Offense: Harris Subsequently, they all took turns stomping on both girls necks to make sure they were dead. THE COURT: Overruled. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn The police traced the 9-1-1 call to Cantu's home. 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. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. 3230, 106 L.Ed.2d 578 (1989). They decided to follow the railroad tracks that passed by T.C. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) 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. The plea of not guilty may be made orally by the defendant or by his counsel in open court. Jester Park in Houston to participate in a gang initiation ritual. FN5. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. These factors are also helpful in this Court's evaluation of this question. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981).

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