Seth Fontenot has been convicted of manslaughter and aggravated battery for the shooting and killing 15-year-old Austin Rivault, and injuring two of Rivault's friends. Last week, Fontenot was sentenced to three years in prison with all but 13 months suspended. Fontenot's lawyer, Tommy Guilbeau, filed a motion yesterday to ask the court to "correct" the portion of Fontenot's sentence that was suspended. It's all a little confusing, but I think I understand what's going on, so here it is.

Guilbeau wants the 23 months that are suspended to be eliminated because he contends the suspended portion is illegal. Guilbeau says crimes of violence cannot carry a suspended sentence. Both of Fontenot's charges are indeed crimes of violence, therefore the 23 suspended months are against the law according to Guilbeau.

So, what's going on here? Does Fontenot's attorney want him to serve the entire 3 years? At first blush, that's what it sounded like to me as well. Of course, no, that's not what's going on here.

I'm no expert on law by any means, but here's why I think Guilbeau wants a re-sentencing. If indeed the court throws out the 23 months suspended sentence, Fontenot's total time for his crimes would be 13 months. If that is to be the case, then he could potentially be out of prison after about half of that. I'm not 100% on this, but I'm fairly certain this is how it could all play out, and is the reason for the request for a re-sentencing.

However, this whole ordeal comes with a huge risk. Fontenot's previous sentencing becomes null and void because of the re-sentencing. Next Thursday, he is once again facing 40 years in prison. Fontenot's lawyer could get the ruling he's looking for, or it could backfire and Fontenot could receive more time in prison than handed down to him with his original sentencing.

Guilbeau said Fontenot will be re-sentenced at 10:30 a.m. Thursday, July 23, in the Lafayette Parish Courthouse.

 

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