Point of error twenty is overruled. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 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. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. [Emphasis in original.] 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. denied, 495 U.S. 940, 110 S.Ct. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. Pedro Cantu. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. denied, 513 U.S. 1021, 115 S.Ct. On death row, Cantu, now 35, was classified among the best-behaving inmates. FN11. 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. denied, 516 U.S. 832, 116 S.Ct. The court overruled his objection. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. 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. In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. 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. At this point, the Sandoval brothers decided that it was time to leave. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. In his twenty-ninth point of error, appellant alleges that the juxtaposition of the terms reasonable doubt and probability unconstitutionally lowers the reasonable doubt quantum of proof. Appellant's basic argument is that the undefined probability in the future dangerousness issue invites juror confusion and is therefore unconstitutional. Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. 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). When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. A brief summary of the facts will be helpful. denied, 516 U.S. 1021, 116 S.Ct. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. , 30, a security guard, was charged with burglary of a business he was hired to protect. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. ", Randy and Sandra Ertman did not speak to the press. Id. Wasn't no pain. 2/3/94 -- A jury found Cantu guilty of capital murder. 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. 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 other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). Instagram Contact Us Check out some new shirts! 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. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. See 466 U.S. 668, 687, 104 S.Ct. Valerie Nicole. All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police. 433, 130 L.Ed.2d 345 (1994). Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Cantu, then 18, orchestrated the attacks and slaying. 71,557, slip op. "Its good that they wont be forgotten," Frausto said. 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. Furthermore, any error, assuming there was error, was harmless. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. 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. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. 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 did not make a final statement. Hence, his point presents nothing for our review.FN12 Tex.R.App. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. 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. Location: Houston, TX. No, not in the least. Tex.Code Crim. Ha-ha. In his thirty-fourth point of error, appellant complains that neither he nor his trial counsel was given the opportunity to enter a plea of not guilty to the jury; thus, he contends, his conviction is void ab initio. denied, 491 U.S. 910, 109 S.Ct. According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. Enchiladas, fajitas and a cinnamon bun. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. We therefore deny a COA on this issue. Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. Now, Cantu seeks a COA on five of the issues he raised below. Thus, reasonable jurists would not-and have not-disagreed with the district court's resolution of this claim, and we deny a COA as to this issue. A memorial was erected to them at Waltrip High School, which they attended. He let out a final breath at 6:17 p.m. and peacefully died. Appellant raises forty-five points of error. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. Three dozen supporters cheered as the families emerged after the execution. In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. Specifically, appellant requested the following instructions: However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. 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. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. LinkedIn is the world's largest business network, helping. 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. 4. the existence of a prior criminal record, and the severity of the prior crimes; At T.C. You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. at 688, 690, 104 S.Ct. "Peter Cantu Executed: Ringleader of the Ertman and Pena Rape and Murder Killed," by Jason Volentine. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. 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. This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. One of the deputies exited his vehicle and chased after Cantu, who then doubled back to the deputy's vehicle and drove off into Comal County. Moore v. State, supra at 128, 128-09). He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. 2556, 135 L.Ed.2d 1074 (1996). 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. denied, 507 U.S. 975, 113 S.Ct. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. 3230, 106 L.Ed.2d 578 (1989). In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. We do not guarantee accuracy of information. He had problems, he was sick, he is sick. That's what they're doing; they're arguing nothing. Now [defense counsel], I don't blame him. We decline to revisit this issue here. Appellant's twenty-eighth point is overruled. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. 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. FN8. They decided to follow the railroad tracks that passed by T.C. "We could have put all of them in prison for life. [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. Citations: Choose one of our three Metal Depot locations in Southeast Texas for all of . THE COURT: Overruled. Dr. Robert Cantu, chief of neurosurgery at Emerson Hospital in Concord, Mass., and one of the nation's foremost authorities on concussions and brain trauma in youth sports, called the decision to . [THE STATE:] And what would he say about that? * * * See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. We will address the points as they are presented to us. Appellant does not here argue that the extraneous offenses should not have been admitted. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. 17. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. 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. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony Deadline Hollywood. "Theres no way to ever get closure from this. See Photos. Retrieved June 3, 2022. Jester Park in Houston to participate in a gang initiation ritual. THE COURT: Overruled. Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. Ertman made the drive here four years ago for the first execution. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. Maybe some satisfaction, but never closure.". 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. This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. 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 Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. OVERSTREET, Judge, concurring and dissenting. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: We deny a COA on this issue. in memory of Pete T. Cantu, please visit our floral store. 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. The Texas Court of Criminal Appeals summarized the facts adduced during Cantus punishment trial as follows: Several witnesses testified Cantu had a history of violent behavior and offenses. 1756, 95 L.Ed.2d 262 (1987). The initiation involved fighting each member of the gang for a five- to ten- minute period. In Ford v. State, 919 S.W.2d 107 (Tex.Crim.App.1996), we held that certain victim impact evidence was arguably relevant to the defendant's moral culpability contained within the third special issue that the jury was required to answer: 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 sentence of life imprisonment rather than a death sentence be imposed. Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. We also note that to preserve error for appellate review, assuming there was error, the party alleging error must have informed the trial court as to his complaint by making a timely objection so that the trial court was given an opportunity to rule on the complaint. Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. Native County: Harris Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. He was friendly and never met a stranger. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. On cross-examination, the State asked Martinez if she thought the killing of the two girls was funny. When the witness answered in the negative, the State asked that the jury be excused and introduced two letters the witness had written to appellant's co-defendant, Efrian Perez, and questioned her about one of them, which read: Efrian, what's up, ugly? As such, we hold that no error has been created by these events. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. Christina subsequently convinced her husband to report the incident to the police. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? 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. However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. [DEFENSE:] Excuse me, [prosecutor's name omitted]. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. Derrick Sean O'Brien was executed in July 2006. 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. THE COURT: Yes, sir. said Gloria Rubac, a death penalty abolitionist. 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. ADDITIONAL LINKS After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. denied, 501 U.S. 1259, 111 S.Ct. 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. FN6. He didn't go into details. We will affirm. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating. The jury's finding of guilt satisfied Tison and Enmund. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) He told the police that the girls' bodies could be found in T.C. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. Pete will be remembered for his infectious laugh and loving personality. 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. 2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. To send flowers We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. They were forced to perform oral sex. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. 2630, 129 L.Ed.2d 750 (1994). 2. Michelle is 51 years old and was born on February 1971. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution.
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