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Cantu's assertion, however, invites us to look only at a single item of evidence and to ignore all of the remaining evidence in the case. Cantu then parceled out jewelry and money he had taken from the girls. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. 1337, 127 L.Ed.2d 685 (1994). Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. 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. * * * Pete Cantu. denied, 506 U.S. 999, 113 S.Ct. ] (emphasis added). 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. Fans of Texas Metal have seen the work of Heath Moore. ), cert. 6. whether the defendant was acting under duress or the domination of another at the time of the offense; or. 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. Pete will be remembered for his infectious laugh and loving personality. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. 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.) Indeed, we have rejected this argument recently. The gang then drank beer and engaged in horseplay. Hence, appellant's point of error thirty is overruled. 2253(c), Cantu now seeks from this court a certificate of appealability. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. at 336, 123 S.Ct. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. Pursuant to Tex. 946, 952 (5th Cir.2004) (emphasis added); cf. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. 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. A memorial was erected to them at Waltrip High School, which they attended. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. Michelle Licon Cantu currently resides in Lubbock, Texas. Family and friends are coming together online to create a special keepsake. 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. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. "He has matured remarkably," said Robin Norris, his appeals lawyer. 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. FN10. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. In fact, death row rules were changed to allow families to watch executions because of this case. We have already decided these issues adversely to appellant. Your Honor, we object to the suggestion that there has to be a nexus between the mitigation and the returning of a verdict which would result in a life sentence. They should have hung them. Appellant's fourteenth point of error is overruled. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. denied, 492 U.S. 912, 109 S.Ct. 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 There is no reason to treat such evidence differently than other relevant evidence is treated. 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. 2254(d). He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. In search of vegan food, I found a world-class Mendocino inn. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. 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. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her. ), cert. * * *. 37.071. After Raul fought all of the members, he was welcomed into the gang. Look at the evidence. When the rapes finally ended, the horror was not over. * that appellant created problems in school by fighting and cursing; We held: In light of the record as a whole, the error in precluding the jury from being informed about the parole ineligibility provision was no doubt harmless. denied, 510 U.S. 905, 114 S.Ct. All of his subsequent appeals in state and federal court were denied. denied, 512 U.S. 1246, 114 S.Ct. 2658, 125 L.Ed.2d 290 (1993). Roman told Cantu that he did not rape or kill girls. She bought the beer and went with the group, unwittingly heading to her death. Moore v. State, supra at 128, 128-09). Occupation: Laborer Follow. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. He. Point of error eight is overruled. He became notorious for trying to kick a TV cameraman recording his arrest. BCSO spokesman Roseanne Hughes. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. 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. 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. Of the six people convicted, five were sentenced to death. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. 74(f). 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. The break in solving the case came from, of course, the 911 call. ADDITIONAL LINKS 106, 133 L.Ed.2d 59 (1995). FN4. Accordingly, I continue to dissent to the majority's continued analysis of this issue and treatment of points one through four, but concur in the result. Deadline Hollywood. The court overruled his objection. Maybe some satisfaction, but never closure.". Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. He was pronounced dead at 6:17 p.m. FN9. Affirmed. at 2608. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. 6:00pm I was escorted along with four other media witnesses. 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. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. Nelson, supra, at 498. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Archived from the original on June 6, 2022. He did not acknowledge the victims families and he had no personal witnesses attending the execution. 42.18, 8(b)(2), V.A.C.C.P., provision requiring a prisoner serving a life sentence for capital murder to serve 35 calendar years, without consideration of good conduct time, before becoming eligible for parole. After unsuccessfully appealing his conviction . 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. Appellant cites no authority for why he should have been entitled to such an instruction. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn 2954, 57 L.Ed.2d 973 (1978). (plurality op. Native County: Harris Both expressed regret for their role in the killings. Therefore, if you find, or have a reasonable doubt thereof, that the defendant at the time of the commission of the offense for which he is on trial, was laboring under mental or physical incapacity caused by voluntary intoxication, then you may take such condition into consideration in mitigation of the penalty attached to the offense for which the defendant is being tried. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. 2052, 80 L.Ed.2d 674 (1984). 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). He was not eligible for the death penalty because of his age, and he did not participate in the murders. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. The initiation involved fighting each member of the gang for a five to ten minute period. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; 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. Height: 5' 06" [WITNESS:] He is just agreeing with them. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. denied, 513 U.S. 861, 115 S.Ct. 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. BSCO is seeking any information on the two suspects shown in the video. Cantu v. Quarterman, 341 Fed.Appx. Barnes, 876 S.W.2d at 322. [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.