2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). (Page 2) Three dozen supporters cheered as the families emerged after the execution. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. in memory of Pete T. Cantu, please visit our floral store. denied, 510 U.S. 1215, 114 S.Ct. PEDRO CANTU, JR. - Laredo Morning Times All Filters. denied, 516 U.S. 946, 116 S.Ct. ), cert. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. Peter Anthony Cantu, 35, was executed by lethal injection on 17 August 2010 in Huntsville, Texas for the rape and murder of two teenage girls. They should have hung them. 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. Tex.R.App. Questions Post Question There are no questions yet for this company. The plea of not guilty may be made orally by the defendant or by his counsel in open court. See also Green, supra. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. ), cert. [WITNESS:] He is just agreeing with them. Justice Blackmun's basic argument is that the capital sentencing procedures are unconstitutional because they are produced by paradoxical commands: allowing the jury to consider all types of relevant mitigating evidence, while, at the same time, requiring structured discretion in sentencing. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. WebPete Cantu was born on April 9, 1914. All cuzz them fine ass girls you all wanted to fuck. Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. [THE STATE:] They were all saying that? He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. All Rights Reserved. Enchiladas, fajitas and a cinnamon bun. Proc. Point of error thirty-three is overruled. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. We have previously addressed and rejected this contention. Michelle is 51 years old and was born on February 1971. [Emphasis in original.] Lock - U.S. Customs and Border Protection He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. . Dec.13, 2006). As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. 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. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. 1756, 95 L.Ed.2d 262 (1987). Work history: Acw Specialties Sheet Metal Worker. Texas law initially limits the class of murderers eligible for capital punishment to those convicted of murders involving special circumstances as described in Texas Penal Code 19.03. Thus, we do not consider the argument on appeal. Think about how cold the man is, how cowardly he is, how cruel he is. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Later Cantu and his accomplices were said to have joked about the brutal killings. 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. McFarland, 928 S.W.2d at 520. * that appellant threatened to kill an officer of the law; and The totality of appellant's argument and authorities is as follows: Cantus execution was the third connected with the case. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. 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. 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. OBrien was executed in 2006 and Medellin in 2008. Not soon enough. 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). Cantu was described as the leader of small gang known as the Black and Whites. Funeral services for Mr. Pedro Pete Cantu were held on Monday, February 3rd at 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. Cantu had enchiladas, fajitas and a cinnamon bun for his final meal. 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." When everyone was finished, Cantu told the boys to take the girls into the woods. The attackers confessed and at times seemed indifferent to the charges against them. He has a whole business dedicated to handmade car interiors. He remains in custody as of this writing. 19.03(a)(2). 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. On automatic direct appeal, the Court of Criminal Appeals, Mansfield, J., held that: (1) prosecutor's argument did not improperly instruct jury that it had to find nexus between defense evidence and crime before they could consider evidence mitigating; (2) letter written by defense witness to defendant was admissible to impeach witness' credibility and to show strong bias in favor of defendant; (3) erroneous admission of testimony by mother of victim, who was not named in indictment, concerning that victim's character and activities was harmless beyond reasonable doubt; (4) sufficient evidence supported jury's affirmative finding as to future dangerousness special issue; and (5) evidence did not warrant jury instruction on lesser included offenses of sexual assault, robbery, kidnapping, or murder. Patrick Myatt . Proc. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. 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. Direct appeal is automatic. Jester Park. 2658, 125 L.Ed.2d 290 (1993). Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. 433, 130 L.Ed.2d 345 (1994). The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. Article continues below advertisement. Deadline Hollywood. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 705 (1992). [DEFENSE:] Excuse me, [prosecutor's name omitted]. Appellant has shown no particularized need for this study. 2254(d). Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Feb.4, 2009). denied, 516 U.S. 832, 116 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We conclude that reasonable jurists would not disagree on this matter. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. 600, 121 L.Ed.2d 537 (1992). FN1. Valerie Nicole. No crime warrants a sentence of death. Seventeen years is a long time to have something eating on you like that. However, his request for a mistrial was thereafter denied. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. The police were sent to the scene and searched the park without finding anything. We will address the points as they are presented to us. Thus, reasonable jurists would not disagree with the district court's determination that the state court's conclusion was not an unreasonable application of federal law. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. 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. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. 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 Sheriffs Office. In 1946, Pete initially started as a messenger boy for Western Union. By Indeed, this circuit has repeatedly refused to apply Simmons so as to require that Texas juries be informed of a defendant's future parole eligibility. When the attackers were finished, the girls were taken deeper into the woods where, at Cantus urging, they were beaten, strangled and stomped to death. Appellant alleges that this denial violated the Eighth Amendment. No additional information for Cantu Roofing yet. Visit Website. In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. They pulled on the belt, one boy on each side, until the belt broke. He is a child, he is eighteen, and that's what this is about. [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. He was charged with unlawfully carrying a weapon. Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). 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. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. [WITNESS:] [Appellant], Joe, Junior and Raul. Point of error twenty-four is overruled. 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. 1997). 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. Deputies chased the vehicle until it broke down at F.M. Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. [WITNESS:] Yeah. 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. While he generally discusses each special issue, he never argues or provides authority as to why this makes the statute's operation unconstitutional as applied to him. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). | Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. Notwithstanding appellant's inadequate briefing, we note that the United States Supreme Court stated in Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. Cantu, then 18, orchestrated the attacks and slaying. Appellant argues, in essence, that the prosecutor misstated the law. denied, 516 U.S. 843, 116 S.Ct. Holdings: The Court of Appeals held that: RESPONSE SUMMARY JUDGMENT MTN March 30, 2010 | Trellis FN13. Is your room clean today? [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. And then ask yourself another question. "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. Messages run for up to one year and you FN2. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. "Nah," Cantu replied. Other cast members of the show are Spot and John. Again the evidence belies this conclusion. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. In point of error forty-five, appellant claims that his death sentence should be overturned because racial discrimination continues to taint the Texas sentencing scheme in violation of the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. denied, 510 U.S. 1215, 114 S.Ct. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. ", Even now, both families say there is no closure. Anderson v. State, supra, at 509-10. 2630, 2639, 129 L.Ed.2d 750 (1994). Appellant's twenty-eighth point is overruled. [THE STATE:] And what would he say about that? ), cert. denied, 507 U.S. 975, 113 S.Ct. 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. THE COURT: Overruled. All I would tell the girls right now is we still love you and still miss you," he said. A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. 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. Wasn't no pain. Appellant's tenth and eleventh points of error are overruled. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. 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. Two other inmates have 2010 execution dates. Tuesday he paid for it with his life. * * * The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. Appellant's thirty-ninth and fortieth points of error are overruled. Pulled this out the drafts #fyp #disneyparents #blowthisup | TikTok Penal Code Ann. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. 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. They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. at 2606-07. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. 2253(c)(2). 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. Proc. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Especially the white chick, she looked good, huh, Junior? The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. Final/Special Meal: And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Do you think that if Mr. Ertman or Mr. Pena or Mrs. Ertman or Mrs. Pena had come on up on the scene and said to Peter and his gang don't kill that child, don't kill that child, would he have listened? Medellin's DNA matched semen samples taken from Patricia's body. denied, 510 U.S. 1215, 114 S.Ct. 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. Fourteen-year-old Venancio watched as the others raped both girls orally, vaginally, and anally until appellant told him that he should get some. The girls were still being raped when appellant whispered to Venancio, We're going to have to kill them. When everyone was finished, appellant told them to take the girls to the woods where they proceeded to strangle them. Finally and in the alternative, the district court noted that Cantu was not prejudiced by his counsel's failure to object because of the significant amount of punishment-phase evidence demonstrating Cantu's violence and the slim chance of his rehabilitation. Thus, no egregious harm, if any harm at all, can be established. Therefore, we hold the first prong is met as to each offense. Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. ), cert. With the final execution completed, Pena said the two murdered girls can finally have peace. (AP August 17, 2010). One of the gang members grabbed Pena. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. I, Sec. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. Cantu had left his wallet at . That standard is applied in light of the Court's recognition that the State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. 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. Pete Rodriguez Obituary - San Antonio, TX - Dignity Memorial Ex-gang leader executed for '93 deaths of 2 Houston girls - Chron denied, 499 U.S. 932, 111 S.Ct. Points of error thirty-seven and thirty-eight are overruled. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. However, nowhere does appellant tell us specifically which terms he alleges are inadequately defined in the special issues. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. Does that cause the defendant's behavior? The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. denied, 513 U.S. 853, 115 S.Ct. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. Point of error thirty-one is overruled. Yeah, yeah, I remember that.
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