CHARLESTON, W.Va. -- Joseph Lavigne Jr. will appear before Putnam Circuit Judge Phillip Stowers at 3 p.m. Tuesday so the year and a half he has been free can be tacked back on to his prison sentence.
His new parole date will be 2023, said Lavigne, who was found guilty of raping his 5-year-old daughter in 1996. His conviction was overturned last year, then reinstated by the state Supreme Court last week.
Lavigne's attorney, Greg Ayers, filed a stay of execution on the sentence with the state Supreme Court on Monday, which if granted would allow Lavigne to remain free on bond while he appeals his case further.
The Supreme Court ordered Lavigne to immediately return to jail last week to complete his sentence of 22 to 60 years.
A Harrison County jury found him guilty in 1996 of incest and sexual assault. The trial was moved from Putnam County because of pretrial publicity.
In May 2011, now retired Putnam Circuit Judge O.C. Spaulding overturned his conviction saying there wasn't enough evidence to convict him. Lavigne was freed on bond at that time.
On Wednesday, the Supreme Court disagreed and ruled Spaulding had abused his discretion when granting Lavigne a new trial.
Lavigne plans to appeal to the U.S. Supreme Court.