A North Salt Lake man who pleaded guilty to a reduced charge of adultery was ordered to spend two weekends in the Davis County Jail Tuesday by a 2nd District judge.
But the sentence of James W. Hood, 39, 221 N. Maple Drive, was stayed by Judge Rodney S. Page until he can determine if the jail time will cause Hood to lose his job with the U.S. Postal Service.Hood was originally charged with rape, a first-degree felony that carries a prison term of five years to life, after having sexual intercourse with a Bountiful woman in her apartment Jan. 30.
He pleaded guilty to adultery, a Class A misdemeanor, June 14 in a pre-trial hearing in a plea negotiation with the Davis County attorney's office. A prosecutor involved in the case said the consent of the victim became a pivotal issue, prompting the plea bargain from a first-degree felony to a Class A misdemeanor.
In sentencing, Page noted Hood was the victim's religious counselor and had committed a serious breach of trust.
The judge initially sentenced Hood to a year in the county jail and fined him $2,500, the maximum penalty a Class A misdemeanor carries. He then stayed the jail time, except for two weekends, and reduced the fine to $1,000. He also ordered Hood to perform 40 hours of community service.
The judge agreed to hold the jail time in abeyance until he can confer with postal officials to determine if it will cause Hood to lose his job, continuing the sentencing hearing to Aug. 16.