Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law.
Subsequently, they all took turns stomping on both girls necks to make sure they were dead.
WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. A tip led authorities to the bodies. Shoelaces were used to strangle Pena. If they hung all five of them, that would be a deterrent. 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941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this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. 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. All I would tell the girls right now is we still love you and still miss you," he said. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. Pete Cantu was a candidate for the Place 6 seat on the Donna Independent School District school board in Texas.Cantu was defeated in the by-district general election on November 8, 2016.. Nelson, supra, at 498. 596, 111 S.W. In his thirty-fifth point of error, appellant complains that the trial court erred in failing to give the jury instructions on the lesser-included offenses of murder, sexual assault, robbery, and kidnapping. 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. Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct.
Naomi "Pete" Johnson Cantu (1918-2012) - Find a Grave Memorial A memorial for them was also placed at T.C. 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. The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. [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. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien.
Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. 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. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). With this standard in mind, we turn to Cantu's specific ineffectiveness arguments.
Manager of the Year: Pete Cantu - YouTube Appellant has provided no reason why the situation should be different in Texas. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. Use Next and Previous buttons to navigate. 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. * that appellant made threats at a hospital and in jail. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. (Page 2) Appellant objected that this was improper impeachment on a collateral matter. Ha-ha. Pete Cantu. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison.
Eyewitness News photographer Jaime Zamora gives first hand account of When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. 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. Appellant's tenth and eleventh points of error are overruled. 1337, 127 L.Ed.2d 685 (1994). Article 27.16 states that:
The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. 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".
McFarland, 928 S.W.2d at 520. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. Nor does he argue that the charge given was inappropriate, only that it was incomplete.
Pete Cantu in San Antonio, Texas | Phone Number, Email, Address - Spokeo Thus, we deny a COA on this final issue. Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. Tex.
Tuesday, August 10, 2010
The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. See 466 U.S. 668, 687, 104 S.Ct. Media Advisory: Peter Cantu scheduled for execution. 2934, 106 L.Ed.2d 256 (1989). See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. Robertson, supra. Background: Following affirmance of his conviction for capital murder and his death sentence, 939 S.W.2d 627, state inmate filed petition for writ of habeas corpus. 2023 Holmgreen Mortuary. 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. 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. 1317, 131 L.Ed.2d 198 (1995). 401 and therefore irrelevant in the context of the special issues under Art. We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. 1871, 128 L.Ed.2d 491 (1994). Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues.
Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. 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.
Factor Tejano: Erika Rene (Tu Chaparrita) 2023 Thank you.
In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu. How they were mutilated, brutalized for perhaps as much as an hour. Point of error five is overruled. Archived from the original on June 2, 2022. 871, 79 L.Ed.2d 29 (1984), have held that such a review is not required under the Eighth or Fourteenth Amendments to the United States Constitution. Gender: Male
2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. Pete Cantu, 82. | 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. Done purely to prevent him being caught for the crimes that had been done. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. At 6:09 p.m., lethal injection drugs entered Cantu's body. 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. ), cert. Four of the other assailants that night were also convicted of capital murder and sentenced to death. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. 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. Cantu was the 16th person to be put to death by the state of Texas this year. In making this comparison, the prosecution referred to the challenged photographs. 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.