FN8. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: 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. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. Point of error thirty-six is overruled. "Three of the animals that did this are gone. We do not guarantee accuracy of information. Jester Park. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". denied, 491 U.S. 910, 109 S.Ct. In point of error nine, appellant complains that the trial court committed reversible error in failing to grant a mistrial following improper argument by the State. 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. "They are still behind us. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. denied, 513 U.S. 853, 115 S.Ct. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. 463rd murderer executed in Texas since 1976. Joe Cantu had watched the group divide the girls small amount of cash and meager possessions and listened to them laugh and brag about the assaults. Four of the other assailants were also convicted of capital murder and sentenced to death. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. A visitation will be held from 10:00 AM to 11:00 AM with a Holy Rosary to be recited at 11:00 AM on Monday, February 21, 2022 at Holmgreen Mortuary, 2061 E. Main St., Alice, TX. Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. Please submit missing details you may have. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. For those who so desire you may make memorial contributions in his memory to the charity of your choice. We have held that, to constitute proper jury argument, the argument must encompass one (or more) of the following: (1) summation of the evidence presented at trial, (2) reasonable deduction drawn from that evidence, (3) answer to the opposing counsel's argument, or (4) a plea for law enforcement. 17. There is no evidence that must be viewed by a juror as being per se mitigating. The gang then drank beer and engaged in horseplay. * * * Christina subsequently convinced her husband to report the incident to the police. Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. 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.). 6. whether the defendant was acting under duress or the domination of another at the time of the offense; Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu. As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. Appellant then parceled out jewelry and money he had taken from the girls. Specific examples of these statements include the following: [from C. Cantu's testimony] 600, 121 L.Ed.2d 537 (1992). Pedro "Pete" Cantu, Jr. passed away at 7:00 a.m. on Tuesday, March 19, 2019, at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his loving family. Id. 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. Jester Park in Houston to participate in a gang initiation ritual. Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Ertman was robbed of her rings, necklaces, and cash. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. FN13. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. 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 sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. 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. 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. denied, 514 U.S. 1005, 115 S.Ct. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. 37.071, 2(e)(1) (1991). See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. 2914, 115 L.Ed.2d 1078 (1991); Tex. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Pete Cantu. A clemency must be granted to Peter Cantu. Both men apologized for the crime in their last statements. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. [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. 74(f). The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. A brief summary of the facts will be helpful. The initiation involved fighting each member of the gang for a five- to ten- minute period. 2009). However, the protesters in attendance did little more than annoy the families. 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. . Proc. 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. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. In points of error eighteen and nineteen, appellant avers that the mitigation issue of Article 37.071 2(e) violates the Fifth and Fourteenth Amendments to the United States Constitution because it shifts the burden of proof to the defendant or omits it entirely. denied, 506 U.S. 942, 113 S.Ct. Visit Website. 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. FN6. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. denied, 515 U.S. 1105, 115 S.Ct. | 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Does she have blond hair?!!?" Penal Code Ann. 78 and Loop 1604. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. And 17 years later he died not soon enough. Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. In appellant's arraignment in open court, but outside the presence of the jury, the State read the indictment and appellant's counsel entered appellant's plea of not guilty. While the plain language of Article 36.01 indicates that an identical procedure should be followed in the jury's presence, it is not required by that language. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". 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. (plurality op. Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. 2630, 2639, 129 L.Ed.2d 750 (1994). Jester Park at White Oak Bayou. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. We object to the out of court statements of these co-defendants that we can't confront and cross examine. By The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. Date of Birth: 05/27/75 Follow. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. Archived from the original on June 6, 2022. Graveside services and interment followed in the St. Marys Catholic Cemetery. 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 Tuesday, August 10, 2010 Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs. 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. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. At this point, the Sandoval brothers decided that it was time to leave. Texas Execution Information Center by David Carson. Appellant did not object to the inclusion of this instruction in the charge. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. After they finished laughing and stuff, and I said-I don't remember who said it but one of them asked, I think it was my husband, I'm not sure, said, well, what happened to them, and they said, we had to kill them. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. The police searched the park without finding anything. In related points of error fifteen, sixteen and seventeen, appellant argues that the trial court erred in denying his requested charges that the jury must give effect to mitigating evidence and that the jury must consider youth and mental health as mitigating. Unfortunately, he revealed on Instagram . denied, 514 U.S. 1117, 115 S.Ct. "Just a bad, bad case.". Appellant asked for a running objection as to this line of questioning. 2. Finding no reversible error, we affirm the judgment of the trial court. Pete will be remembered for his infectious laugh and loving personality. 2/3/94 -- A jury found Cantu guilty of capital murder. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. Appellant's claimed error could have been corrected easily if he had timely called it to the court's attention by making a contemporaneous objection. 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.. In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. 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. 1. Both wree sexually assaulted by the gang members, beaten, and strangled. 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. Therefore, we hold the first prong is met as to each offense. Information on every contractor in United States. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. This is a carousel. Messages run for up to one year and you Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Think about how cold the man is, how cowardly he is, how cruel he is. 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. 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 absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. 1029. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". 2193, 109 L.Ed.2d 520 (1990). Mr. Pedro "Pete" Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. The grief-stricken family of Rene Cantu wielded a concrete chunk to hammer a white cross into the ground to mark where on Montrose Boulevard he was shot to death. Of the six people convicted, five were sentenced to death. 2597, 115 L.Ed.2d 720 (1991). The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. Four of the other assailants that night were also convicted of capital murder and sentenced to death. * * * Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. In Ford, the deceased victim's sisters and mother, who had also been victims of the crime, testified regarding the relationship each had with the deceased victim as well as to the effect that the crime had on them. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. As we stated above in point of error twelve, when challenging the constitutionality of a statute: THE COURT: Overruled. If they hung all five of them, that would be a deterrent. We will affirm. After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. They said they would buy her some gas and get her on the road again if she did. 6:00pm I was escorted along with four other media witnesses. 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.. 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. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. I'd do the same thing if I was in his position. Hair Color: Black The phone transferred the photos to her online account, and she shared them on Facebook. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. He lasted through three fights before briefly losing consciousness. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. All of the boys then took turns stomping on both girls' necks to make sure they were dead. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. 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)). Director 2 Credits. Associated Phone Numbers. Focus for the victims' families now turns to the remaining three killers. He didn't go into details. We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. 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. 2052. A little knowledge of routine vehicle maintenance may have kept. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. Derrick Sean O'Brien was executed in July 2006. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. Questions Post Question There are no questions yet for this company. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. The district court determined that the state court's conclusion was not an unreasonable application of federal law. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. He was not eligible for the death penalty because of his age, and he did not participate in the murders. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him. FN11. The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. 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. at 49. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: When the rapes finally ended, the horror was not over. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. See Free v. Peters, 19 F.3d 389 (7th Cir. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: Estimate Request Form * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; Pete Cantu in Texas. Pleasanton Express Staff 5. the defendant's age and personal circumstances at the time of the offense; DR#: 999093 shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. Appellant has not done this. Because we have this procedure set up, do we kill our children? Mr. Pedro Pete Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. Point of error twenty-four is overruled. "I had no idea they would be coming to this." The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. 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.

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