Heard May 5, 2015,
Circulated May 15, 2015
APPEAL FROM THE THIRTY-THIRD JUDICIAL DISTRICT COURT. PARISH OF ALLEN, NO. CR-2013-0633. HONORABLE PATRICIA C. COLE, DISTRICT JUDGE.
Edward J. Marquet, Louisiana Appellate Project, Lafayette, LA, COUNSEL FOR DEFENDANT-APPELLANT: Alfred Mayo.
Herbert Todd Nesom, District Attorney, Thirty-Third Judicial Court, Joe Green, Assistant District Attorney, Oberlin, LA, COUNSEL FOR APPELLEE: State of Louisiana.
Court composed of John D. Saunders, Elizabeth A. Pickett, and Phyllis M. Keaty, Judges. PANEL: EAP #1; PMK #2; JDS #3.
[14-1296 La.App. 3 Cir. 1]
The defendant, Alfred Mayo, was indicted on February 8, 2013, on ten counts of aggravated rape, violations of La.R.S. 14:42, three counts of sexual battery, violations of La.R.S.14:43.1, and one count of indecent behavior with a juvenile, a violation of La.R.S. 14:81. A jury trial commenced on September 23, 2014, and the defendant was found guilty as charged on September 24, 2014. He was sentenced on September 30, 2014, to ten terms of life imprisonment for the aggravated rape convictions, twenty-five years imprisonment on each of the three counts of sexual battery, and two years imprisonment on the single count of indecent behavior with a juvenile. All sentences were ordered to be served concurrently without the benefit of probation, parole, or suspension of sentences.
The defendant filed a " Motion for New Trial/Post Verdict Judgment of Acquittal and Motion for Reconsideration of Sentence" on October 6, 2014, which was denied without written reasons.
The defendant has perfected a timely appeal wherein he asserts the life sentences imposed on the convictions for aggravated rape were excessive under the circumstances of his case.
Between the dates of May 2012 and August 2012, the defendant who was twenty-one years old, had repeated sexual intercourse with the victim, M.B., ...