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As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. Proc. And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. 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. "He did a horrendous crime to these two girls and he deserved to die. At age 11, he got caught stealing a bike from a younger boy. And 17 years later he died not soon enough. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. Cold, cruel, inhuman, and yet he has his attorney saying don't kill the child. As such, we hold that no error has been created by these events. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. 2009). WebPete Cantu was born on April 9, 1914. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. Ayesha Gani. In fact, death row rules were changed to allow families to watch executions because of this case. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. 19.03(a)(2). Appellant's tenth and eleventh points of error are overruled. * that appellant attacked a sixth grade teacher; Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. His offenses escalated to car theft and an attempted stabbing. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. 55 (5th Cir. He died in July 1980 at 66 years of age. He did not look toward the witnesses and made no last statement. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. Again the evidence belies this conclusion. ), cert. [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. Instead of taking her back to her truck, the trio took her to a back parking lot in Melrose Park in Houston, where they took turns raping and sexually assaulting her before stabbing her to death. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. Point of error twelve is overruled. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. '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. "I told him to stick it. Hair Color: Black The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. 596, 111 S.W. * * * 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. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. Point of error thirty-four is overruled. 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. See Photos. Pete will be remembered for his infectious laugh and loving personality. The break in solving the case came from, of course, the 911 call. 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.". denied, 507 U.S. 975, 113 S.Ct. We decline to do so. Building Materials. Pleasanton Express Staff In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. A rational jury could not have found that appellant did not intend to kill the victim. I dont believe anybody ever in their lifetime is going to forget this. ", Randy and Sandra Ertman did not speak to the press. Even more than a decade later, the mention of their last names could generate disgust and fear, with many people remembering the vivid and gruesome details of the girls assault and death in the dark woods by White Oak Bayou. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. 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. Yeah, yeah, I remember that. Roman told Cantu that he did not rape or kill girls. While a complete account of the facts is available in the district court's memorandum and order denying Cantu's federal habeas petition, we briefly summarize the grisly details that led to Cantu's conviction. 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. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. "Just a bad, bad case.". 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. 1224th murderer executed in U.S. since 1976 The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. See, e.g., Thacker v. Dretke, 396 F.3d 607, 617 (5th Cir.2005); Elizalde v. Dretke, 362 F.3d 323, 332-33 (5th Cir.2004); Woods v. Cockrell, 307 F.3d 353, 361 (5th Cir.2002). Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. Id. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. He didn't go into details. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. Direct appeal is automatic. "We could have put all of them in prison for life. 1977 Herb Ferrill - North Texas State 1978 Oton Guerrero - Pan-American University 1979 Dave Mennen - Houston Baptist 1980 J.C. Trevio, Jr. - Laredo . On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. Article 37.071 2(e) yields further support to this interpretation in that it requires the court to instruct the jury to take 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 (emphasis added) in determining whether sufficient mitigating circumstances exist to warrant a life sentence. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." A drunken O'Brien had told Patricia that if she did not cause him to have an erection through oral sex, he would kill her. ), cert. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Seventeen years is a long time to have something eating on you like that. He and other gang members also stood on the girls' necks to ensure they died. 463rd murderer executed in Texas since 1976. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. We therefore deny a COA on this issue. 2(f)(4). Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. 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? "It does make a little difference. 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.

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