Seven days following the original sentence, Defense Attorney Thomas Guilbeau says the sentence handed down by Judge Edward Rubin is not in compliance with state laws.
Guilbeau says, “Seth was convicted of manslaughter and aggravated battery, both of those crimes are crimes of violence and under the code of criminal procedure the judge is prohibited from giving a suspended sentence to those two crimes of violence.”
Which is exactly what Prosecutor J. Prather said immediately following the sentencing hearing. “I respect Judge Rubin’s opinion but I think it is an illegal sentence.”
Fontenot will have to go before the judge once again, we asked his attorney if he could face the maximum of 40 years in prison during the upcoming sentencing.
Guilbeau says, “In my opinion, no. I think the parameters are between 13 months and three years.”
He says he expects Judge Rubin stick to the original sentence, minus the suspension. “I’m hoping we get 13 months flat, that’s what I’m hoping for.”
Seth Fontenot will make another appearance in the courtroom for his re-sentencing next Thursday on the 23rd.