State appeals court backs Seth Fontenot’s 13-month sentence

Seth Fontenot, left, and his attorney Thomas Guilbeau arrive at the Lafayette Parish Courthouse Tuesday, March 17, 2015, in Lafayette, La. (Photo: Leslie Westbrook, The Advertiser)

LAFAYETTE, La. (The Daily Advertiser) – A state appeals court ruled this week that the 13-month sentence given to Seth Fontenot in the shooting death of 15-year-old Austin Rivault was legal because prosecutors failed to file a proper document.

The district attorney’s office in Lafayette had filed an appeal of the 13-month sentence by District Judge Edward Rubin, arguing that Fontenot used a gun while committing a felony. There’s a state law that allows for an enhanced sentence under those circumstances.

Had the prosecution filed the proper document at the proper time, Fontenot would have received at minimum 20 years in prison, Judge Sylvia Cooks, 3rd Circuit Court of Appeal, wrote in the judgment rendered Tuesday.

Fontenot is supposed to be released from jail in May.

 

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