Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. 724, 735-36 (5th Cir.2005). 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. Height: 5' 06" 2009). Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. [WITNESS:] He just said, I did that, too. The Court opined that victim impact evidence is designed to show the victim's uniqueness as a human being and the state has 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, 501 U.S. at 825, 111 S.Ct. 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. Done purely to prevent him being caught for the crimes that had been done. 2630, 129 L.Ed.2d 750 (1994). Next, the older boys raped the two girls for about an hour while Venancio watched. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. He also parceled out the jewelry and money he took from the girls. ), cert. 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. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? The first of these two witnesses, Christina Cantu, testified about how the individuals appeared when they arrived at the house and she told the jury about behavior they engaged in while there. Plus, appellant objected at the punishment stage to the testimony of Pena's mother, M. Pena, who testified as to her daughter's good character, the search for her daughter, and the impact the disappearance had on the rest of the family members. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. on Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. ), cert. Please spare his life. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. 2630, 2639, 129 L.Ed.2d 750 (1994). We have already decided these issues against appellant. In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. Archived from the original on June 6, 2022. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. denied, 510 U.S. 829, 114 S.Ct. "I was the last parent to have seen them," she said. denied, 513 U.S. 853, 115 S.Ct. Finding no reversible error, we affirm the judgment of the trial court. ), cert. All of his subsequent appeals in state and federal court were denied. Director 2 Credits. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. All Filters. 2765, 129 L.Ed.2d 879 (1994). Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. Retrieved June 3, 2022. denied, 510 U.S. 1215, 114 S.Ct. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. I continue to voice my disagreement with the majority's continued refusal to acknowledge the constitutional infirmities in depriving the jury of information relevant to the special issues as to the statutorily required mandatory serving of 35 calendar years before becoming eligible for parole on a life sentence for capital murder. "He has matured remarkably," said Robin Norris, his appeals lawyer. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. 55 (5th Cir. Select this result to view Peter Cantu's phone number, address, and more. If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 denied, 514 U.S. 1005, 115 S.Ct. Cantu then sought state post-conviction relief. 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. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. 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. Cantu did not make a final statement. And, finally, she told the jury about the effect her daughter's death was having on her and the rest of her family. Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. He married Dominga Arizola in 1945. 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. * * * In related point of error twenty-four, appellant claims that the trial court erred in not including in the punishment charge special verdict forms listing the elements of each unadjudicated offense admitted by the State. 37.071, 2(e)(1) (1991). denied, 515 U.S. 1105, 115 S.Ct. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). Contractors DirectoryInformation on every contractor in United States. * * * 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. the probability of subsequent activity would be low. He even opined that in a situation of 70 years before parole eligibility, there would be no probability because he suspected that the individual would be dead by then. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. 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. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. A brief summary of the facts will be helpful. We disagree. ] (Emphasis added.). Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. [Emphasis in original.] Point of error thirty-three is overruled. Don't kill that child. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. the Art. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. See also, Lackey v. State, 819 S.W.2d 111 (Tex.Crim.App.1989) (not error to fail to instruct jury to consider specifically appellant's age as a mitigating factor because the jury's answer as to special issue two (future dangerousness) would reflect their consideration of all the mitigating evidence); Jackson v. State, 822 S.W.2d 18 (Tex.Crim.App.1990). The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail.