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In light of the district court's thorough analysis, we cannot say that reasonable jurists would disagree with that determination and, therefore, deny a COA on this issue. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. [Emphasis in original.] He also parceled out the jewelry and money he took from the girls. 2. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. Sound rental, Band booking, Guitar and Bass lessons. However, we reaffirmed the original holding on appeal. The girls were abducted by Cantu and four members of a street gang he led as they walked along a set of railroad tracts, a shortcut home for them. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. They had spent the evening drinking beer and then "jumping in" Raul. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. Think about how cold the man is, how cowardly he is, how cruel he is. This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. DR#: 999093 You know what damage was done to their bodies. 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. He became notorious for trying to kick a TV cameraman recording his arrest. Anderson v. State, supra, at 509-10. Several dozen people showed up outside the Walls Unit in support of the families and the execution. "They left my house and they were supposed to go home," Rios said. denied, 492 U.S. 912, 109 S.Ct. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. 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. Occupation: Laborer 2253, 132 L.Ed.2d 260 (1995). denied, 510 U.S. 905, 114 S.Ct. For more information about Border Patrol's Head of the Class Program or Youth of the Year Scholarship, please contact Supervisory Border Patrol Agent Pete Cantu at 956-289-5686. 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. They decided to take a shortcut across the railroad tracks. Appellant has provided no reason why the situation should be different in Texas. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Seventeen years is a long time to have something eating on you like that. 42.18, 8(b)(2), V.A.C.C.P., provision requiring a prisoner serving a life sentence for capital murder to serve 35 calendar years, without consideration of good conduct time, before becoming eligible for parole. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). 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. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. Roman told Cantu that he did not rape or kill girls. 381, 121 L.Ed.2d 292 (1992). He is a child, he is eighteen, and that's what this is about. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department 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. Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. 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: Cantu and Derrick OBrien were tried before their fellow gang members. FN7. ] (emphasis added). To the extent Cantu's reliance on his first statement requires disbelieving his second statement in which he admitted to the killings, he failed to produce significant evidence calling the legitimacy of his second statement into question: he showed no constitutional or statutory violation in the taking of the statement, and he offered no trial testimony challenging the accuracy of his second statement. Thus, he contends, evidence of intoxication which did not rise to this level was precluded from being afforded mitigating effect in violation of Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. Associated Addresses. Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. See Photos. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. Cantus execution was the third connected with the case. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. They first passed by Roman and Frank Sandoval without incident. They said they would buy her some gas and get her on the road again if she did. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. * * * Messages run for up to one year and you Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him. Jester Park in Houston to participate in a gang initiation ritual. Profile. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. Cantu first argues that the state trial court's refusal to inform the jury of Texas parole law violates the Fourteenth Amendment's Due Process Clause. Ha-ha. It was traced to the home of the brother of one of the men later sentenced to death for these murders. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. Appellant has not done this. Select this result to view Peter Cantu's phone number, address, and more. Pursuant to 28 U.S.C. The break in solving the case came from, of course, the 911 call. 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 This guy is more than just a car's outer appearance. 2726, 33 L.Ed.2d 346 (1972). DMCA NoticesNewspaper web site content management software and services. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. However, we affirmed the original holding on appeal. 2. Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. 2934, 106 L.Ed.2d 256 (1989). Point of error twenty-four is overruled. He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance. "I told him to stick it. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. The extraneous offenses that were admitted included: We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. This Court has held that, when challenging the constitutionality of a statute: The group then headed towards some nearby railroad tracks. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. 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. Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. These arguments are unavailing.