I love you too Pete, may you find peace wherever you are, finally you are free. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. He was not eligible for the death penalty because of his age, and he did not participate in the murders. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. 2726, 33 L.Ed.2d 346 (1972). The initiation involved fighting each member of the gang for a five- to ten- minute period. We conclude that reasonable jurists would not disagree on this matter. 74(f). On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. "They left my house and they were supposed to go home," Rios said. Each juror may or may not believe certain evidence is mitigating; however, the constitution only requires that where a juror believes there is relevant mitigating evidence, that juror must have a vehicle to give his or her reasoned moral response to such evidence. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. Point of error forty-four is overruled. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. Think about the ordeal of those two young girls right here. They were friends who attended the same high school in Houston, Texas, Waltrip High School. However, the Supreme Court also held that the State has a legitimate interest in countering this individualization of the defendant by reminding the jury that the victim, also, was an individual whose death represents a unique loss to society and to his or her family. It noted that graphic crime scene photographs do not offend due process principles when they serve[ ] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased. Cantu, 2009 WL 275172, at *23 (alterations in original) (quoting Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir.1996)). The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). Eye Color: Brown See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). FN4. Three dozen supporters cheered as the families emerged after the execution. 2254(d). He was friendly and never met a stranger. Id. 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. [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. A rational jury could not have found that appellant did not intend to kill the victim. Deadline Hollywood. [THE STATE:] Who said we had to kill them? Cantu declined requests for interviews prior to his execution. Appellant also gave two confessions. denied, 495 U.S. 940, 110 S.Ct. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. In this regard, this point is inadequately briefed and presents nothing for our review. Andrea Gorfolova. McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert. 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. FN8. Ex parte Cantu, No. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. Evid. Appellant alleges that this denial violated the Eighth Amendment. 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. 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. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present. He didn't go into details. 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 [. By 2. Raul Omar Villareal and Efrain Perez were sentenced to death, but following the U.S. Supreme Court's 2005 ruling that executing criminals who were not yet 18 at the time of their crimes is unconstitutional, their sentences were commuted to life. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. 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. The plea of not guilty may be made orally by the defendant or by his counsel in open court. 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. You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. (806) 763-8400. 1029. However, that Court also said that the State need not purchase for an indigent defendant all the assistance that his wealthier counterparts might buy. Id. No additional information for Cantu Roofing yet. 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. Proc. All of his subsequent appeals in state and federal court were denied. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. One of the boys boasted of having 'virgin blood' on him. 1029, 154 L.Ed.2d 931 (2003). In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. In point of error forty-three, appellant contends that the definition of mitigating evidence in Article 37.071 2(f)(4) makes the article facially unconstitutional because it limits the concept of mitigation to factors that render a capital defendant less morally blameworthy for the commission of the capital murder. Cantu next asserts that the method by which the Texas Code of Criminal Procedure presents the issue of mitigating evidence to a sentencing jury improperly prevents the consideration of constitutionally relevant evidence. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). Look up Pete Cantu's phone number, home address, email address, and other personal information. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. said Gloria Rubac, a death penalty abolitionist. Cantu's assertion, however, invites us to look only at a single item of evidence and to ignore all of the remaining evidence in the case. I suspect that it's something you will never ever forget if you never see these photos again, but if you want to see, if you want to start thinking about don't kill that child, don't kill that child, think about the two children in here that all you got left of them is right here. Appellant is incorrect. 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. 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. Appellant avers in point fourteen that the mitigation issue set forth in Article 37.071 2(e) is unconstitutional in that it does not require jury consideration of mitigation evidence when answering it. This issue reads as follows:
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