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State v. Parfait

Court of Appeals of Louisiana, Second Circuit

August 14, 2019

STATE OF LOUISIANA Appellee
v.
TERRAL ANTHONY PARFAIT Appellant

          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 Harville J.

          SCHUYLER MARVIN Counsel for Appellee District Attorney

          JOHN M. LAWRENCE RICHARD R. RAY Assistant District Attorneys

          Before WILLIAMS, MOORE, and PITMAN, JJ.

          PITMAN, J.

         Defendant 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 is affirmed.

         FACTS

         On 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.

         On 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.

         On 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 sentence.

         On 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 sentence.

         DISCUSSION

         Defendant 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 ...


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