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Elgin, Texas. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. Archived from the original on June 6, 2022. The district court determined that this conclusion was not an unreasonable application of federal law. He was frustrated that he had been the one who was unable to fight Raul. Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. All of the boys then took turns stomping on both girls' necks to make sure they were dead. Cantus execution was the third connected with the case. 2052, 80 L.Ed.2d 674 (1984). VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. Think about the ordeal of those two young girls right here. [THE STATE:] They were all saying that? Indeed, this circuit has repeatedly refused to apply Simmons so as to require that Texas juries be informed of a defendant's future parole eligibility. denied, 499 U.S. 932, 111 S.Ct. ), cert. 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. He was friendly and never met a stranger. Hence, the second prong of Rousseau was not met in this instance either, and appellant was not entitled to a lesser-included charge of murder. 284, 126 L.Ed.2d 234 (1993). In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. He was friendly and never met a stranger. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. He has declined to speak with reporters as his execution date neared. 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. We have already decided these issues adversely to appellant. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. 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. Follow. For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. See Woods, 75 F.3d at 1039. to the family or plant a tree In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. Shoelaces were used to strangle Pena. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. 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. There is no evidence that must be viewed by a juror as being per se mitigating. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. I'd do the same thing if I was in his position. 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. Ayesha Gani. Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law. Therefore, if you find, or have a reasonable doubt thereof, that the defendant at the time of the commission of the offense for which he is on trial, was laboring under mental or physical incapacity caused by voluntary intoxication, then you may take such condition into consideration in mitigation of the penalty attached to the offense for which the defendant is being tried. All I would tell the girls right now is we still love you and still miss you," he said. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. denied, 495 U.S. 940, 110 S.Ct. Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. Rousseau, 855 S.W.2d at 687, n. 26. original sound - Pete Cantu. Not soon enough. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 Situando a esta 2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. Required fields are marked *. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). The families hope to keep him in jail for his entire sentence, of which he has served almost half. This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. 2009). Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). He married. Roofing, Home Builders, Additions, Home Theaters, General Contractors. ), cert. Appellant further 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. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. 155, 130 L.Ed.2d 94 (1994): The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. 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. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." ", Maria Frausto said she often says a small prayer when she jogs past the memorial. in memory of Pete T. Cantu, please visit our floral store. "Put it this way: I wish my daughter could have died the way he died today. Direct appeal is automatic. Article 37.071 2(h). This version went into effect September 1, 1991. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? Unfortunately, he revealed on Instagram . PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. ), cert. We decline to do so. 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. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. In fact, by the very language of the statute, it requires a jury to consider all of the evidence. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. In his twenty-fifth point of error, appellant complains that the death penalty statute is unconstitutional as applied to him in that it failed to narrow the sentencer's discretion as a result of the deletion of the deliberateness issue. 1339, 113 L.Ed.2d 271 (1991). "He did a horrendous crime to these two girls and he deserved to die. 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. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). [THE STATE:] Who said we had to kill them? 102 East 50th Lubbock TX 79404. ), cert. After Raul fought all of the members, he was welcomed into the gang. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Pete Cantu, 82. Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. 2. In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. The district court determined that the state court's conclusion was not an unreasonable application of federal law. All of his subsequent appeals in state and federal court were denied. We object to the out of court statements of these co-defendants that we can't confront and cross examine. He remains in custody as of this writing. According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. Viva Cristo Rey! This guy is more than just a car's outer appearance. 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. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. After entering through a window on the fourth floor, two intruders were seen on surveillance video swiping an oversized ceremonial gavel from a judge's bench and later donning sombreros found in a Bar Association storage closet. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. [Emphasis in original.] The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Hence, his point presents nothing for our review.FN12 Tex.R.App. 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 Cantu declined requests for interviews prior to his execution. denied, 513 U.S. 1157, 115 S.Ct. Tex.R.App.Proc. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. Funeral Home website by. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. Strickland, 466 U.S. at 700, 104 S.Ct. 4. the existence of a prior criminal record, and the severity of the prior crimes; 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. We further note that appellant made no request for such a special verdict form and no objection was made to the instruction given at trial. 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. Point of error thirty-five is overruled. Native County: Harris Graveside services and interment followed in the St. Marys Catholic Cemetery. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. 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. 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. Enchiladas, fajitas and a cinnamon bun. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. Director 2 Credits. Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. 37.071. "Parents always worry about their kids, especially their daughters.". Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. 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. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. If you decide that an aspect of the Defendant's character and record or circumstances of the crime is a mitigating circumstance, you must not give it aggravating effect. Cantu was the 16th person to be put to death by the state of Texas this year. Deputies chased the vehicle until it broke down at F.M. Your Honor, we object to the suggestion that there has to be a nexus between the mitigation and the returning of a verdict which would result in a life sentence. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. TEXAS PIPELINER Welder (STC) . The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. Points of error one through four are overruled.FN3. Appellant alleges that this denial violated the Eighth Amendment. Overstreet, J., filed concurring and dissenting opinion. All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police. Points of error eighteen and nineteen are overruled. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him. He told the call taker that the missing girls' bodies could be found near T.C. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. We have previously rejected this argument. Pete Cantu (1914 - 1980) - El Cerrito, California. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. His is . As we stated above in point of error twelve, when challenging the constitutionality of a statute: 2658, 125 L.Ed.2d 290 (1993). Work history: Acw Specialties Sheet Metal Worker. Later Cantu and his accomplices were said to have joked about the brutal killings. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. Robertson, supra. The girls were still on the tracks when they encountered the group of boys. We discern no harm to appellant in the present case by the trial court's statement that appellant had entered a plea of not guilty, and appellant has shown us none. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. However, that Court also said that the State need not purchase for an indigent defendant all the assistance that his wealthier counterparts might buy. Id. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. He is a child, he is eighteen, and that's what this is about. 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. Appellant specifically complains of the emphasized portion of the following argument: [THE STATE:] [I would] [l]ike to talk to you briefly about the issue of mitigation[.] Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). Longtime friend Jim Stacey, speaking on their behalf, said they were ready to put the crime and its aftermath "as far behind them as possible" and left Huntsville immediately after the execution. 2597, 115 L.Ed.2d 720 (1991). 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. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. Your email address will not be published. Location: Houston, TX. Expressions of sympathy may be sent at www.schaetter.com. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. Media Advisory: Peter Cantu scheduled for execution. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. Tex.R.App. Fitness Professional Online at Xecute Fit. Estimate Request Form Point of error nine is overruled. Four of the other assailants were also convicted of capital murder and sentenced to death. Justice Blackmun's basic argument is that the capital sentencing procedures are unconstitutional because they are produced by paradoxical commands: allowing the jury to consider all types of relevant mitigating evidence, while, at the same time, requiring structured discretion in sentencing. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. Evid. The crime was committed on or about June 24, 1993. 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. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. 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. 8. character evidence. I love you too Pete, may you find peace wherever you are, finally you are free. 2213, 2223-24, 60 L.Ed.2d 777 (1979). Pete Cantu. The Mexican-American community was outraged by the death and Torres's family demanded justice. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . 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. 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. FN2. 315 followers. A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. When Cantu saw them, however, he thought they were a man and woman. For the foregoing reasons, Cantu's application for a COA is DENIED. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. 2954, 57 L.Ed.2d 973 (1978). at 336, 123 S.Ct. We held: ", The case horrified Houston. Accordingly, I continue to dissent to the majority's continued analysis of this issue and treatment of points one through four, but concur in the result. The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. Wasn't no pain. Does it rise to that level? When everyone was finished, Cantu told the boys to take the girls into the woods. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. (Habeas). Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. The boys boasted about the rapes and killings. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. A brief summary of the facts will be helpful. Three dozen supporters cheered as the families emerged after the execution. 5. the defendant's age and personal circumstances at the time of the offense; 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. The gang then drank beer and engaged in horseplay. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. Proc. 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. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. He married Dominga Arizola in 1945. 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. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. 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 To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. They were kicked, teeth knocked out and hair pulled out and ribs broken. 2726, 33 L.Ed.2d 346 (1972). Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled.

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