HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. Known meat thief nabbed for H-E-B steak heist, South Texans want to know who's behind the 'Booty Patrol' truck, 'Naked and Afraid' lets San Antonio mom show off survival skills, Costco to open first $15M store in Central Texas this March, Former Boerne QB investigated for allegedly sharing XFL plays, Rooftop bar Cowboys and Cadillacs to grace downtown New Braunfels, Video shows drunk driver try to flee crash that killed Texas cop, PHOTOS: Massive alligator spooks locals along a South Texas road, S.A. woman: Thieves took selfie with stolen phone while eating food paid for with stolen card, SAPD: Man with outline of Texas tattooed on head asked permission before robbing house, Police: Man rammed car into Dollar General, stole Budweiser, Police: Deputy arrested for DWI ordered burger, fell asleep, Man accused of making threats with sword faces more charges, Courthouse high drama actually just high jinks, Police: Woman stole more than $6,000 in sausage, Police: Security guard swipes $13K from business he was hired to protect, Police: Man who robbed same store four times in one night nabbed on fifth attempt, San Antonio carjacking suspects couldn't figure out push-button ignition, Residents curious about 'U.S. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). Point of error thirty-two is overruled. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. Cantu v. Quarterman, No. On the night of 24 June 1993, a group of teenage boys gathered at T.C. 1997). Both expressed regret for their role in the killings. Choose one of our three Metal Depot locations in Southeast Texas for all of . Appellant objected that this was improper impeachment on a collateral matter. In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. Think about the ordeal of those two young girls right here. All of his subsequent appeals in state and federal court were denied. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. The indictment or information shall be read to the jury by the attorney prosecuting. 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..
Tex.R.App. They alerted the police and posted fliers, but the girls were not found. 463rd murderer executed in Texas since 1976. Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. denied, 492 U.S. 912, 109 S.Ct. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. The families hope to keep him in jail for his entire sentence, of which he has served almost half. However, because his last objection was specifically to hearsay, we will address the point on this ground. Texas law initially limits the class of murderers eligible for capital punishment to those convicted of murders involving special circumstances as described in Texas Penal Code 19.03. [THE STATE:] And how did he agree with them? Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. He and other gang members also stood on the girls' necks to ensure they died. ), cert. 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. "I was the last parent to have seen them," she said. . 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. Read more about the life story of Pete and share your memory. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. [THE STATE:] And what would he say about that? ", Even now, both families say there is no closure. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. Provide a detailed review of this contractor: ** 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, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. (internal quotation marks omitted). Follow. Jose Gonzalez, 52, was arrested March 2, 2014, when he tried to smuggle a sword cane in Bexar County Jail to visit his son, currently an inmate at the jail. 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. 803(23) as statements against interest, corroborated by appellant's own responding actions and the co-defendants' possession of the victims' jewelry and the blood on the co-defendants' clothing when they came to the Cantu residence. Proc. Derrick Sean O'Brien was executed in July 2006. The court overruled his objection. Think about how cold the man is, how cowardly he is, how cruel he is. Point of error twenty-nine is overruled. 705 (1992). Point of error twenty-two is overruled.
The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. She was born February 8, 1918 to Dallas and Daisy Johnson. 17.
After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. * * *
denied, 506 U.S. 999, 113 S.Ct. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.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. Cantu was the 16th person to be put to death by the state of Texas this year. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. denied, 516 U.S. 946, 116 S.Ct. 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. 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert.
The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. The initiation involved fighting each member of the gang for a five to ten minute period. Your email will not be used for any other purpose. Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. See Seale v. State, 158 Tex.Crim. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened.
Because our analysis involves a review of the district court's resolution of Cantu's constitutional claims, we must take account of the deferential lens through which the district court evaluated those claims. "It does make a little difference. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. At this point, the Sandoval brothers decided that it was time to leave. Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces. "He deserved to die, and 17 years later he died. All I would tell the girls right now is we still love you and still miss you," he said. He has declined to speak with reporters as his execution date neared. Building Materials. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. Appellant then parceled out jewelry and money he had taken from the girls. They were forced to perform oral sex. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. denied, 513 U.S. 861, 115 S.Ct. Ertman will stand a few feet away, watching again through the window. 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. Race: White
Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present.
2. 8. character evidence. Cantu had left his wallet at . Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. This is a carousel. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. 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. While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense, Campbell v. Dretke, 117 Fed.Appx. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . original sound - Pete Cantu. He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. Indeed, we have rejected this argument recently. Estimate Request Form Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas.
3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. 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. Specific examples of these statements include the following: [from C. Cantu's testimony]
Director 2 Credits. ), cert. Profile. For the following reasons, we decline to issue a COA on any of those issues. HUNTSVILLE, Texas Texas has executed a former gang member who took part in the rape and murder of two teenage girls who were walking home from a neighborhood party 17 years ago. Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. Messages run for up to one year and you Next, the older boys raped the two girls for about an hour while Venancio watched. 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. At least they probably have a daughter they can go home to," Stacey said. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. In his twenty-ninth point of error, appellant alleges that the juxtaposition of the terms reasonable doubt and probability unconstitutionally lowers the reasonable doubt quantum of proof. Appellant's basic argument is that the undefined probability in the future dangerousness issue invites juror confusion and is therefore unconstitutional. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. FN3. 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 asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 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. "They are still behind us. Cantu also confessed. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman.
"Just a bad, bad case.". See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). 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. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). The bodies were found six days later after Cantus brother, using an alias, phoned police. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C.
The victims' families attended the execution, but no one attended on his behalf. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. When Cantu saw them, however, he thought they were a man and woman. 1978, 131 L.Ed.2d 866 (1995). In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. They said they would buy her some gas and get her on the road again if she did. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. Don't kill that child. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony
Pete Cantu (1914 - 1980) - El Cerrito, California. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. See Lawton, supra. [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. See Heitman, supra. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. They pulled on the belt, one boy on each side, until the belt broke. 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. PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. As such, we note only that informing the jury of their failure to agree on the answer to a special issue is expressly forbidden by Article 37.071 2(a). Why kill when we know that sometimes we don't get it right?" FN7. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. denied, 513 U.S. 1021, 115 S.Ct. "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. However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury. 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. Points of error one through four are overruled.FN3. Raul was an acquaintance of Efrain and was not known to the other gang members. Id. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. 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. Article continues below advertisement. See Sonnier, supra. In that case, a 27-year-old woman was found at a Houston park with her throat cut. HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. denied, 490 U.S. 1102, 109 S.Ct. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. While a complete account of the facts is available in the district court's memorandum and order denying Cantu's federal habeas petition, we briefly summarize the grisly details that led to Cantu's conviction. THE COURT: Overruled. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. * that appellant attacked a sixth grade teacher;
Sound rental, Band booking, Guitar and Bass lessons.
at 2606-07. Proc. "I think whatever they did, no matter how much there is, they should stand trial for every single thing."
Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. The district court highlighted that the Supreme Court has itself refused to extend Simmons's holding beyond when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law. Ramdass v. Angelone, 530 U.S. 156, 166, 120 S.Ct. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. Pete Cantu. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. She bought the beer and went with the group, unwittingly heading to her death.
* * *
Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital.
Thus, we do not consider the argument on appeal. 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. * that appellant threatened another student's father, saying that he wanted to kill him;
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. 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 police were sent to the scene and searched the park without finding anything. And if you care to, you can see the result of this defendant's handy work again. Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. 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. Contractors DirectoryInformation on every contractor in United States. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated:
The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". All data is collected from public records. Gaddis, supra, at 398. 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). * * *
Burial will follow at El Coyote Cemetery in Orange Grove, TX. As she was leaving, she was stopped by Joe Medellin, Peter Cantu and Sean O'Brien, who asked her to buy them some beer since they were underage. ), cert. "At least some of the scumbags are dead. The Ertman and Pena killings led to five death sentences, at the time the most of any crime in modern American history. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. 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. M. Pena also told the jury what her daughter had been like in life: personality traits she exhibited, activities she had engaged in, and similar good character type evidence. 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. Family and friends are coming together online to create a special keepsake. I'm not going to show it to you. Nelson, supra, at 498. Id. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. 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. shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. Ertman tried to help. Even more than a decade later, the mention of their last names could generate disgust and fear, with many people remembering the vivid and gruesome details of the girls assault and death in the dark woods by White Oak Bayou. And then ask yourself another question. 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? 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. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. | 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. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. Cantu was described as the leader of small gang known as the Black and Whites.
B B King; B L A C K I E; B Movie Blues; B Rezell and OFTB; B-52s; B-Wave Heusden; B3 Fusion; B3 Kings; B52s; Ba Cissoko; Baaba Maal; Bab L Bluz; Bab Lbluz; Baba Commandant; Baba N [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? Resides in Laredo, TX. Also gone is natural gas pioneer George Mitchell, who passed . Later Cantu and his accomplices were said to have joked about the brutal killings. The attackers confessed and at times seemed indifferent to the charges against them. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. They should have hung them. Point of error twenty is overruled. Petitioner filed application for certificate of appealability (COA).
We think about those girls every day. We therefore deny a COA on this issue. A memorial was erected to them at Waltrip High School, which they attended. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. FN13. We will address the points as they are presented to us. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. * that appellant threatened to kill an officer of the law; and
Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. He did not look toward the witnesses and made no last statement. 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g).
You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. 106, 133 L.Ed.2d 59 (1995). Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. 2934, 106 L.Ed.2d 256 (1989). 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.