In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. Appellant avers in point fourteen that the mitigation issue set forth in Article 37.071 2(e) is unconstitutional in that it does not require jury consideration of mitigation evidence when answering it. This issue reads as follows: the Art. 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. 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. at 2609. Later Cantu and his accomplices were said to have joked about the brutal killings. In determining whether jury argument is extreme or manifestly improper, we look at the entire record of final arguments to determine if there was a willful and calculated effort on the part of the State to deprive appellant of a fair and impartial trial. Four days after the murders, Christina Cantu convinced her husband to call the police. 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. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: After entering through a window on the fourth floor, two intruders were seen on surveillance video swiping an oversized ceremonial gavel from a judge's bench and later donning sombreros found in a Bar Association storage closet. Seventeen years is a long time to have something eating on you like that. "They are still behind us. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. Cantu then parceled out jewelry and money he had taken from the girls. Antonio Arizola Cantu of San Antonio, Texas - Hurley Funeral Home At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. 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. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. Nelson, supra, at 498. Point of error twenty-two is overruled. 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. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. ), cert. ), cert. Randy commandeered the news van and went to the scene that was now bustling with police activity. Point of error thirteen is overruled. All Rights Reserved. at *24. Id. Pete Cantu in TX - Address & Phone Number | Whitepages The district court determined that the state court's conclusion was not an unreasonable application of federal law. 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. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? 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. in memory of Pete T. Cantu, please visit our floral store. That's what they're doing; they're arguing nothing. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. Therefore, if he asserts that any evidence presented during the guilt/innocence phase constitutes inadmissible victim impact evidence, he has not preserved that complaint for appellate review. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. Failure To Raise A Due Process Objection To Photographs, Cantu's first claim centers on his trial counsel's failure to raise a due process objection to the admissibility of victim and crime-scene photographs that depicted the gruesome results of Cantu's and his cohorts' conduct. Appellant's tenth and eleventh points of error are overruled. FN1. Here's a full rundown of the teams, drivers, and their cars. Moore v. State, supra at 128, 128-09). To send flowers Appellant then parceled out jewelry and money he had taken from the girls. 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. In Memory of Peter Cantu On the night of 24 June 1993, a group of teenage boys gathered at T.C. The sixth was convicted as a juvenile and is serving a 40-year prison term. However, his request for a mistrial was thereafter denied. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. "Its good that they wont be forgotten," Frausto said. Shoelaces were used to strangle Pena. Michael A. Cantu - KCBD (1) determination that refusal to inform jury that, if petitioner received life sentence, he would not be eligible for parole for thirty-five years did not violate Due Process Clause was reasonable; Appellant's fourteenth point of error is overruled. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. Points of error one through four are overruled.FN3. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. McFarland, 928 S.W.2d at 520. 1029. Appellant raises forty-five points of error. When Cantu saw them, however, he thought they were a man and woman. "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. 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. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. We have already decided these issues adversely to appellant. Eyewitness News photographer Jaime Zamora gives first hand account of Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. He lasted through three fights before briefly losing consciousness. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. Pete Cantu - Lubbock, Texas, United States | Professional Profile 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. Again the evidence belies this conclusion. He made off with two cases of Budweiser beer and about 140 DVDs before police caught up with him.Read more: Police: Man rammed car into Dollar General, stole Budweiser, , 37, of Universal City, was arrested outside a Whataburger on Pat Booker Road April 30, 2014. Ex parte Cantu, No. [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. 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. Peter Cantu confessed to the murders at the time of his arrest. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. denied, 510 U.S. 1215, 114 S.Ct. Texas Execution Information Center by David Carson. 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". 2. Proc. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. Application denied. Raul was an acquaintance of Efrain and was not known to the other gang members. Pursuant to Tex. * that appellant threatened a woman and broke a window at her home; She was born February 8, 1918 to Dallas and Daisy Johnson. The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. He remains in custody as of this writing. 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. Focus for the victims' families now turns to the remaining three killers. Pedro Cantu Obituary (2019) - Denham Springs, LA - The Advocate The State mentioned the 35-year period that defense counsel had talked about and asked the witness about the jury's concerns being not about what's going to happen 35 years from now but rather what's going to happen in the next day, the next week, the next month, the next year. In light of that questioning mentioning situations of capital murder defendants, including Kenneth McDuff, being paroled and committing murders, it was even more critical that the jury be informed of the law, i.e. 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. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. [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. 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." 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. Think about how cold the man is, how cowardly he is, how cruel he is. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. Raul Omar Villareal and Efrain Perez were sentenced to death, but following the U.S. Supreme Court's 2005 ruling that executing criminals who were not yet 18 at the time of their crimes is unconstitutional, their sentences were commuted to life. Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution. [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. 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. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 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. He married. PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. Mayes v. State, 816 S.W.2d 79, 86 (Tex.Crim.App.1991); Camacho v. State, 864 S.W.2d 524 (Tex.Crim.App.1993), cert. All Rights Reserved. She walked to a nearby convenience store, and called someone to come and help her. Appellant also gave two confessions. 315 followers. See Photos. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995).
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