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I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. Cantu; Pete Cantu; Texas; San Antonio; Pete Cantu in San Antonio, TX 19 results - Pete Cantu may also have lived outside of San Antonio, such as Laredo, Sinton and 2 other cities in Texas. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Randy commandeered the news van and went to the scene that was now bustling with police activity. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. 2(f)(4). Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. The person not sentenced to death, 14 at the time, got a 40-year sentence. Proc. Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) The court overruled his objection. In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. Point of error twenty-four is overruled. I dont believe anybody ever in their lifetime is going to forget this. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. He didn't go into details. denied, 495 U.S. 940, 110 S.Ct. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. The totality of appellant's argument and authorities is as follows: That standard is applied in light of the Court's recognition that the State has a 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 v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright the Art. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. Point of error thirty-three is overruled. 2382, 65 L.Ed.2d 392 (1980). Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. The juvenile, Venancio Medellin, pled guilty to his charge and his sentence was reviewed when he turned 18, at which time he was sent to serve the remainder of the sentence in prison. [THE STATE:] And what would he say about that? 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. 2934, 106 L.Ed.2d 256 (1989) does not require that, if a jury finds evidence to be both mitigating and aggravating, then it should give the evidence only its mitigating weight. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. FN10. After the assault, the gang took the girls into the woods and strangled them. Description: They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. Anderson v. State, supra, at 509-10. 2658, 125 L.Ed.2d 290 (1993). 1978, 131 L.Ed.2d 866 (1995). Evidence of the mental or physical incapacity of the defendant caused by voluntary intoxication may be introduced by the defendant in mitigation of the penalty attached to the offense for which he is being tried. We will affirm. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. Failure To Raise A Due Process Objection To Photographs, Cantu's first claim centers on his trial counsel's failure to raise a due process objection to the admissibility of victim and crime-scene photographs that depicted the gruesome results of Cantu's and his cohorts' conduct. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. 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? When everyone was finished, Cantu told the boys to take the girls into the woods. Section 2(f)(4) stated: Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Fourteen-year-old Venancio watched as the others raped both girls orally, vaginally, and anally until appellant told him that he should get some. The girls were still being raped when appellant whispered to Venancio, We're going to have to kill them. When everyone was finished, appellant told them to take the girls to the woods where they proceeded to strangle them. The extraneous offenses that were admitted included: As their midnight curfew approached, they discussed the fastest route to Pena's home. Funeral services for Mr. Pedro Pete Cantu were held on Monday, February 3rd at 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. If they hung all five of them, that would be a deterrent. 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. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. Thus, reasonable jurists would not disagree with the district court's determination that the state court's conclusion was not an unreasonable application of federal law. "It does make a little difference. Three dozen supporters cheered as the families emerged after the execution. Some of the girls' jewelry was recovered from his bedroom. His offenses escalated to car theft and an attempted stabbing. He was not eligible for the death penalty because of his age, and he did not participate in the murders. 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. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. After the belt broke, the killers used her own shoelaces to finish their job. Appellant did not object to the inclusion of this instruction in the charge. The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: [THE STATE:] Who said we had to kill them? Find your friends on Facebook. Next, the older boys raped the two girls for about an hour while Venancio watched. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. Raul was an acquaintance of Efrain and was not known to the other gang members. "We could have put all of them in prison for life. Hence, appellant's point of error thirty is overruled. Cantu was described as the leader of small gang known as the Black and Whites. 315 followers. Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). Several dozen people showed up outside the Walls Unit in support of the families and the execution. Cantu was described as the leader of small gang known as the Black and Whites. All Rights Reserved. Enter Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. Ertman tried to help. * * * Graveside services and interment followed in the St. Marys Catholic Cemetery. We disagree. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. 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. At trial, appellant's sister-in-law, Christina Cantu, and appellant's brother, Joe Cantu, both took the stand and testified that appellant and his co-defendants arrived at the Cantu house the night of the murders and freely talked, and even bragged, about the events of the evening. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn 2. 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. We decline to do so. He remains in custody as of this writing. Owner at Last Note Productions. Nevertheless, in light of Tex.R.App.Pro. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. Proc. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? 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. Jester Park in Houston to participate in a gang initiation ritual. Article 27.16 states that: The boys then began strangling the girls. ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, Fee: He is a child, he is eighteen, and that's what this is about. Failure To Object To Prosecution's Argument. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). Unfortunately, he revealed on Instagram . Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. 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. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and 55 (5th Cir. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. Cantu was the 16th person to be put to death by the state of Texas this year. Pete Cantu in Texas(TX) found with records in 36 cities. This version went into effect September 1, 1991. Second, Cantu asserts that the Eighth Amendment's proscription of cruel and unusual punishment was violated by the trial court's refusal during the guilt-innocence phase to instruct the jury on three lesser-included offenses: sexual assault, robbery, and kidnapping.FN2 Cantu bases his claim on the Supreme Court's decision in Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 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. Peter Cantu is not an animal. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from appellant's bedroom. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. "I was the last parent to have seen them," she said. After Raul fought all of the members, he was welcomed into the gang. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. The State can talk all day long about what a horrible person he is and how these girls, those children. Those children suffered a brutal killing. 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. Thus, no egregious harm, if any harm at all, can be established. Appellant has not done this. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Her family was present at his trial for the June murders. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. 81(b)(2); Harris v. State, 790 S.W.2d 568, 587-588 (Tex.Crim.App.1989); Smith v. State, 919 S.W.2d 96, 102-03 (Tex.Crim.App.1996). Situando a esta Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. 5. the defendant's age and personal circumstances at the time of the offense; Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. However, we have previously held to the contrary, finding no significance in the difference between the Eighth Amendment's cruel and unusual phrasing and the cruel or unusual phrasing of Art. 2253(c), Cantu now seeks from this court a certificate of appealability. Deadline Hollywood. All I would tell the girls right now is we still love you and still miss you," he said. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. Point of error twenty-two is overruled. * * * Valerie Nicole. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. See Lawton, supra; see also McFarland, supra. * that appellant made threats at a hospital and in jail. He. He married. In determining whether jury argument is extreme or manifestly improper, we look at the entire record of final arguments to determine if there was a willful and calculated effort on the part of the State to deprive appellant of a fair and impartial trial. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. Appellant's fourteenth point of error is overruled. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. 102 East 50th Lubbock TX 79404. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. Tex.R.App. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. . All of his subsequent appeals in state and federal court were denied. She told him that she felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. (Direct Appeal). Hence, appellant's first and third requested charges set out above would have been misstatements of the law. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). Texas Metal Season 3: Premiere Date, Cast, Trailer, Host & News. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). A rational jury could not have found that appellant did not intend to kill the victim. Furthermore, any error, assuming there was error, was harmless. Appellant objected that this was improper impeachment on a collateral matter. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 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. After Raul fought all of the members, he was welcomed into the gang. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Height: 5' 06" Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Points of error eighteen and nineteen are overruled. The pertinent part of Article 37.071 2(a) reads: Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. What did he say? 2253(c)(1). 2. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. 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. 17. Points of error one through four are overruled.FN3. 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). Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. He contends in his twenty-sixth point of error that the scheme is unconstitutional as applied in that it fails to channel the sentencer's discretion. Id. The phone transferred the photos to her online account, and she shared them on Facebook. A worship service was held on Sunday, February 2nd at 5:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. A clemency must be granted to Peter Cantu. Cantu and Derrick OBrien were tried before their fellow gang members. Pete T. Cantu Obituary We are sad to announce that on February 15, 2022 we had to say goodbye to Pete T. Cantu in Orange Grove, Texas, born in Stephenville, Texas. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. Patrick Myatt . Just prior to that statement, the prosecution set up its argument by asserting that [t]he State has brought to you a lot of evidence to show you what this defendant is like, who he really is. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. Texas presents the question of mitigating evidence to a jury through article 37.071, sections 2(e)(1) and 2(f)(4) of the Texas Code of Criminal Procedure. Point of error forty-five is overruled. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. ), cert. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. 2726, 33 L.Ed.2d 346 (1972). He gave no final statement and showed no remorse for his acts. "Parents always worry about their kids, especially their daughters.". Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. In Ford v. State, 919 S.W.2d 107 (Tex.Crim.App.1996), we held that certain victim impact evidence was arguably relevant to the defendant's moral culpability contained within the third special issue that the jury was required to answer: Whether, taking 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, there is a sufficient mitigating circumstance or circumstances to warrant that sentence of life imprisonment rather than a death sentence be imposed. Select the best result to find their address, phone number, relatives, and public records. At this point, the Sandoval brothers decided that it was time to leave. We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. Other cast members of the show are Spot and John. 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. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. FN8. ), cert. @pete.cantu.777. 'It's ridiculous. Holdings: The Court of Appeals held that: Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Estimate Request Form 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. original sound - Pete Cantu. There is no reason to treat such evidence differently than other relevant evidence is treated. Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. We decline to revisit this issue here. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. denied, 516 U.S. 832, 116 S.Ct. A little knowledge of routine vehicle maintenance may have kept. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. 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. 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.. Both men apologized for the crime in their last statements. See Heitman, supra. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. Cantu was the final of three men condemned to die for the murders. As such, we hold that our capital murder scheme does not amount to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Citations: The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Now, Cantu seeks a COA on five of the issues he raised below. ] (emphasis added). 2023 Holmgreen Mortuary. denied, 495 U.S. 940, 110 S.Ct. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. Further, the overwhelming balance of evidence adduced at trial corroborated Cantu's second statement: (1) Roman Sandoval, a fellow gang member, stated that Cantu called him and confessed to the murders; (2) additional gang members stated that they were following whatever Peter Cantu was doing; (3) Venancia Medellin, a gang member, testified that after he raped Ms. Ertman, Cantu whispered in his ear that [w]e're going to have to kill them, and that Cantu then directed the gang to bring the girls into the woods; and (4) while some of the gang members, including Cantu, recounted the events of that evening to Cantu's older brother Joe and his wife Christina, one gang member described how Cantu kicked one of the girls in the face with his steel toe[ ] [boots] while Cantu commented that [t]he bitch wouldn't die so I stomped on her neck and that the girls had to die [so] they couldn't identify them.. Cantu, then 18, orchestrated the attacks and slaying. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. 81(b)(2) I concur in overruling the point. Gaddis, supra, at 398. Mayes v. State, 816 S.W.2d 79, 86 (Tex.Crim.App.1991); Camacho v. State, 864 S.W.2d 524 (Tex.Crim.App.1993), cert. 84 Lumber. * that appellant threatened another student's father, saying that he wanted to kill him; The group then headed towards some nearby railroad tracks. 596, 111 S.W. Cantu then parceled out jewelry and money he had taken from the girls. (AP August 17, 2010). These arguments are unavailing. Whether to grant a COA is a threshold inquiry that involves an overview of the claims in the habeas petition and a general assessment of their merits but does not require full consideration of the factual or legal bases adduced in support of the claims. Id.
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