Appealed from the Twenty-Sixth Judicial District Court for
the Parish of Bossier, Louisiana Trial Court No. 222, 089
Honorable John M. Robinson (Pro Tempore), Judge
LOUISIANA APPELLATE PROJECT Counsel for Appellant Douglas Lee
SCHUYLER MARVIN Counsel for Appellee District Attorney
M. LAWRENCE RICHARD R. RAY Assistant District Attorneys
WILLIAMS, MOORE, and PITMAN, JJ.
Terral Anthony Parfait entered a plea of guilty to second
degree rape and was subsequently sentenced to 40 years at
hard labor without the benefit of probation, parole or
suspension of sentence. Defendant appeals the imposed
sentence. For the following reasons, Defendant's sentence
January 9, 2017, Defendant was indicted in Bossier Parish on
three counts of first degree rape in violation of La. R.S.
14:42(A)(4). The indictment alleged that between January 1,
2009, and November 29, 2016, Defendant had anal or oral
intercourse deemed to be without the lawful consent of the
victims, M.S. (DOB-9/14/01), J.M. (DOB-10/21/04), and I.R.
(DOB-6/12/08). All three victims were males under 13 years of
age who were in the foster care of Defendant at the time of
the alleged incidents. On February 14, 2017, after formal
arraignment, Defendant entered a plea of not guilty.
February 16, 2018, pursuant to a plea agreement, Defendant
pled guilty to one count of an amended charge of second
degree rape of the person of M.S., the victim identified in
the original indictment in Count One. Defendant was advised
of his right to a jury trial, his right to confront the
witnesses against him and his Fifth Amendment rights. In
exchange for his plea, the state dismissed the remaining
charges against him. There was no agreement as to sentencing.
November 21, 2018, a sentencing hearing was held. Defendant
presented one character witness, and the state introduced the
testimony of I.R., the victim in Count Three of the original
indictment, which had been nolle prossed under the plea
agreement, and whose name and initials had been changed to
C.B.C. The trial court reviewed a presentence investigation
(PSI) report, heard testimony, and, pursuant to La.C.Cr.P.
art. 894.1, sentenced Defendant to 40 years of imprisonment
without the possibility of parole, probation or suspension of
January 17, 2019, an untimely motion to reconsider sentence
was filed, which was denied on January 23, 2019. On February
1, 2019, a motion for appeal was filed and signed by the
trial court on February 11, 2019. Defendant appeals his
seeks review of the sentence imposed on the grounds of
constitutional excessiveness. The defense contends that his
40-year sentence is excessive and does not allow him the
opportunity to seek treatment and reenter society as a
productive member, a status to which he likely could return
given his military service, community involvement, community
standing and lack of criminal history. He argues that he is
not the worst of the worst offenders, and he should not
receive the maximum sentence. Further, he contends that the
40-year sentence fails to ...