Citing the vulnerability of two 13-year-old girls, a 4th District judge has ordered an Orem man to spend at least the next 10 years in prison for sodomizing them.
Judge Cullen Y. Christensen on Friday sentenced the defendant, James Frank Foli, 44, to five years to life in prison with a minimum mandatory sentence of 10 years.Public defender Steve Madsen, prior to sentencing, argued for leniency. He said Foli had no criminal record, that the incident occurred just once and that he didn't consider Foli's victims to be particularly vulnerable.
Foli pleaded guilty in April to one count of sodomy on a child, a first-degree felony, in exchange for the dropping of a second sodomy charge and a charge of rape of a child. The charges followed an investigation of reports of abuse allegedly occurring March 26 in Orem.
"He pleaded guilty. He has accepted responsibility for his behavior," Madsen said. "He's a good candidate for treatment. He's trying to make amends."
Jim Taylor, deputy Utah County attorney, argued for the 10-year minimum mandatory sentence. He said mitigating circumstances in the case did not outweigh aggravating circumstances, as Madsen claimed.