Cantu was the 16th person to be put to death by the state of Texas this year. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn 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. That's what they're doing; they're arguing nothing. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. Every memory left on the online obituary will be automatically included in the book. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. He remains in custody as of this writing. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. A clemency must be granted to Peter Cantu. Read more about the life story of Pete and share your memory. Appellant was tried under the 1992 version of Article 37.071.FN8 Since appellant has simply made a global argument as to all capital defendants since the 1970's, and has not shown us how his specific rights were violated by application of the statute, his contentions are without merit. He did not acknowledge the victims families and he had no personal witnesses attending the execution. 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. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. She'd been raped and eviscerated. 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. 2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. Think about the ordeal of those two young girls right here. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. Follow. 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. As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. Pete Cantu, 82. In reviewing the prosecution's argument, [t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Id. See, Article 36.14, V.A.C.C.P.-The trial court shall deliver to the jury a written charge distinctly setting forth the law applicable to the case [. Archived from the original on June 6, 2022. Prior to the trial's opening statements, appellant objected that any testimony regarding the kidnapping, robbery, sexual assault, or murder of Pena constituted evidence of extraneous offenses. Pete Cantu in Texas. The same objection was lodged with regard to the testimony of Joe Cantu. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. At T.C. He had problems, he was sick, he is sick. Anderson v. State, supra, at 509-10. The Mexican-American community was outraged by the death and Torres's family demanded justice. 2. Is your room clean today? The police traced the 9-1-1 call to Cantu's home. After Raul fought all of the members, he was welcomed into the gang. February 19, 2014. ", Randy and Sandra Ertman did not speak to the press. "I had no idea they would be coming to this." 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. Nevertheless, in light of Tex.R.App.Pro. denied, 516 U.S. 1021, 116 S.Ct. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. Second, given the extent of the other evidence supporting Cantu's conviction, reasonable jurists would not disagree with the district court's determination that Cantu has not shown that he was prejudiced by his counsel's failure to raise a due process objection. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. 3230, 106 L.Ed.2d 578 (1989). Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. In point thirteen, appellant remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. Tex. Appellant adopts Justice Blackmun's arguments in his dissenting opinion on the denial of certiorari in Callins v. Collins, 510 U.S. 1141, 114 S.Ct. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. Point of error thirty-five is overruled. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. We have previously addressed and rejected this contention. Instead, jurors must individually determine what evidence, if any, mitigates against the imposition of the death penalty and what weight, if any, to give that evidence in its consideration. Point four likewise claims reversible error in denying him the right to question prospective jurors about their ability to consider the 35-year minimum calendar years he would have to serve on a life sentence before becoming parole eligible. She was born February 8, 1918 to Dallas and Daisy Johnson. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". 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. Visit Website. 81(b)(2). 463rd murderer executed in Texas since 1976. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. Cantu v. Quarterman, 341 Fed.Appx. Even if we assume that the prosecutor's statement was an improper comment, we conclude it was not so egregious that it was not cured by the instruction given to the jury to disregard it. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. On cross-examination, the State asked Martinez if she thought the killing of the two girls was funny. When the witness answered in the negative, the State asked that the jury be excused and introduced two letters the witness had written to appellant's co-defendant, Efrian Perez, and questioned her about one of them, which read: Efrian, what's up, ugly? 3368, 73 L.Ed.2d 1140 (1982). Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. denied, 508 U.S. 963, 113 S.Ct. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. The third man was given 40 years in prison and is eligible for parole. When everyone was finished, Cantu told the boys to take the girls into the woods. The danger of unfair prejudice to a defendant inherent in the introduction of victim impact evidence with respect to a victim not named in the indictment on which he is being tried is unacceptably high. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. at 336, 123 S.Ct. 19.03(a)(2). We therefore deny a COA on this issue. 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." Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 Archived from the original on June 2, 2022. Barnes, supra. There is no evidence that must be viewed by a juror as being per se mitigating. After Raul fought all of the members, he was welcomed into the gang. This is a carousel. We decline to revisit this issue here. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. How they were mutilated, brutalized for perhaps as much as an hour. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. 16th murderer executed in Texas in 2010 "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." denied, 510 U.S. 919, 114 S.Ct. Court appeals to delay the punishment appeared exhausted. "Three of the animals that did this are gone. Article 37.071 2(h). Other cast members of the show are Spot and John. 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. Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? I dont believe anybody ever in their lifetime is going to forget this. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. His is . Part of the belt was left at the murder scene, the rest was found in O'Brien's home. 2914, 115 L.Ed.2d 1078 (1991); Tex. The totality of appellant's argument and authorities is as follows: He had assaulted fellow students and a teacher, been kicked out of his regular school, and threatened security personnel at the alternative school to which he had been sent. The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. Appellant's tenth and eleventh points of error are overruled. FN11. Appellant has provided no reason why the situation should be different in Texas. Appellant objected that this was improper impeachment on a collateral matter. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. denied, 512 U.S. 1246, 114 S.Ct. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. 680 following. Johnson, supra, at 135. 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. DR#: 999093 Known for Texas Metal 7.1 TV Series Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) 2021 1 ep Credits IMDbPro Self Previous 1 Texas Metal Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) TV Series 2021 1 episode Personal details Alternative name Pedro 'Pete' Canti Contribute to this page Suggest an edit or add missing content In his thirty-second point of error, appellant alleges that the second special issue on punishment is facially unconstitutional in violation of the United States Supreme Court decision of Tison v. Arizona, 481 U.S. 137, 107 S.Ct. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. The Supreme Court has also expressed approval of this method of instructing the jury concerning the consideration of mitigating evidence. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. ADDITIONAL LINKS 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. Fans of Texas Metal have seen the work of Heath Moore. "We could have put all of them in prison for life. Make a life-giving gesture [Emphasis in original.] Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. 'It's ridiculous. All cuzz them fine ass girls you all wanted to fuck. Now, Cantu seeks a COA on five of the issues he raised below. ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. on In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty.
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