Judge Edward Rubin has corrected Seth Fontenot’s sentence to 13 months in prison with no probation or suspension for the 2013 shooting death of Austin Rivault.
Rubin denied a writ (of appeal) filed by the State of Louisiana.
Rubin sentenced Fontenot to three years of hard labor in jail, then suspended all but 13 months on July 8, 2015.
The re-sentencing hearing came after both Fontenot’s attorney, Thomas Guilbeau, and Prosecutor J.N. Prather objected to the sentence, citing that it was illegal.
Prather objected on July 8, claiming the sentence was illegal because Rubin could not suspend the sentence of a manslaughter conviction, a crime of violence.
Guilbeau agreed that the judge was not allowed to suspend part of the sentence and place his client on probation.
Our media partners at The Daily Advertiser report that with good time, Fontenot could be free in under a year.
Fontenot is being held in the St. Martin Parish Jail in Breaux Bridge.