Appellant has not done this. Seventeen years is a long time to have something eating on you like that. Appellant's claimed error could have been corrected easily if he had timely called it to the court's attention by making a contemporaneous objection. 2. Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. * * * See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). He was friendly and never met a stranger. 284, 126 L.Ed.2d 234 (1993). They alerted the police and posted fliers, but the girls were not found. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. 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. After Raul fought all of the members, he was welcomed into the gang. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. Fourteen-year-old Venancio watched as the others raped both girls until Cantu told him that he should get some. The girls were still being raped when Cantu whispered to Venancio, Were going to have to kill them. When everyone was finished, Cantu told them to take the girls into the woods where they proceeded to strangle them. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. Peter Cantu then walked in and readily agreed with their recollection of events. She was born February 8, 1918 to Dallas and Daisy Johnson. We will not revisit the issue here. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". March 11, 2019. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. All Rights Reserved. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. To meet the second required showing, Cantu must demonstrate that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, id. Thank you. Four of the other assailants were also convicted of capital murder and sentenced to death. "He deserved to die, and 17 years later he died. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. As that Court stated: During this arraignment, the State read the indictment, and the court asked appellant how he pled. "Its good that they wont be forgotten," Frausto said. The police searched the park without finding anything. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. Appellant was tried under the 1992 version of Article 37.071.FN8 Since appellant has simply made a global argument as to all capital defendants since the 1970's, and has not shown us how his specific rights were violated by application of the statute, his contentions are without merit. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. Gaddis, supra, at 398. denied, 501 U.S. 1259, 111 S.Ct. We have already addressed this issue and decided it adversely to appellant's position. He has declined to speak with reporters as his execution date neared. However, his request for a mistrial was thereafter denied. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. Valerie Nicole. Appellant is incorrect. Perez and Villarreal will not be eligible for parole consideration for more than two decades. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. They had spent the evening drinking beer and then "jumping in" Raul. denied, 510 U.S. 1215, 114 S.Ct. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. Indeed, we have rejected this argument recently. He was friendly and never met a stranger. 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. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. The sixth was convicted as a juvenile and is serving a 40-year prison term. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. denied, 516 U.S. 832, 116 S.Ct. He became notorious for trying to kick a TV cameraman recording his arrest. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. "Two beautiful young girls," Goode says. However, he contends that a meaningful review of the mitigation issue is impossible. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. 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. Maybe some satisfaction, but never closure.". Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. at 826-28, 111 S.Ct. ", Even now, both families say there is no closure. Roofing, Home Builders, Additions, Home Theaters, General Contractors. 1. The medical examiner stated that Patricia was probably on her knees in front of her murderer when she was stabbed, based on the angle of the wounds. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. 401 and therefore irrelevant in the context of the special issues under Art. However, we affirmed the original holding on appeal. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. Robertson, supra. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Occupation: Laborer Especially the white chick, she looked good, huh, Junior? The law should be provided by the trial court in the jury charge, not by questioning the witnesses. Point of error eight is overruled. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. Point of error twenty-two is overruled. Gender: Male Point of error thirty-six is overruled. Appellant's fourteenth point of error is overruled. Hence, appellant's point of error thirty is overruled. 3230, 106 L.Ed.2d 578 (1989). SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. Pete Cantu. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). Nevertheless, in light of Tex.R.App.Pro. 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 Owner at Last Note Productions. They decided to follow the railroad tracks that passed by T.C. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? 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. 4. the existence of a prior criminal record, and the severity of the prior crimes; Johnson v. State, 604 S.W.2d 128, 135 (Tex.Crim.App.1980) (panel op.). 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. 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. THE COURT: Yes, sir. Date Received: 03/18/94 at 2609. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. Don't kill that child. 55 (5th Cir. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. "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. We note the Supreme Court in Payne held the Eighth Amendment did not bar introduction of evidence about the victim and the impact of the victim's death on his or her family as such evidence may be relevant as to the jury's determination as to imposition of the death penalty. Three dozen supporters cheered as the families emerged after the execution. The gang then drank beer and engaged in horseplay. Thus, he contends, evidence of intoxication which did not rise to this level was precluded from being afforded mitigating effect in violation of Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. She screamed. Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. 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. Appellant then requested and received an instruction to the jury to disregard the comment. [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. 1756, 95 L.Ed.2d 262 (1987). Points of error thirty-seven and thirty-eight are overruled. Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith.
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