PROVO -- Sentencing for a man convicted of robbery was continued Monday after his lawyer raised concerns over his mental health.

Attorney Filia Uipi told a judge that a pre-sentence investigation for Jacob Falo pointed out possible emotional and personal problems that could affect his ability to make informed decisions in court.

"He may suffer from a chemical imbalance," Uipi said.

Falo, 19, pleaded guilty to three counts of aggravated robbery and one count of aggravated kidnapping, all first-degree felonies, as well as a second-degree felony charge of burglary in June. Prosecutor Jason Sant agreed to dismiss seven additional charges of aggravated robbery, aggravated kidnapping and possession of a dangerous weapon by a restricted person.

Falo was among a group that planned and carried out a scheme to break into a home and hold its occupants captive. Police say Falo's brother, James, Berniece Halalilo and a juvenile were also involved in the attack. On Oct. 9, 2008, police say, Falo and the co-defendants broke into a home in Orem and took the five occupants captive. For 20-30 minutes, the captives were forced to remain in a circle in the living room while one person in the group guarded them and the others ransacked the home. One person in the group had a gun, while another had a baseball bat.

Family members have brought up concerns with Falo's mental health, and Uipi said there may be issues with Falo's decision-making abilities. He asked Judge Samuel McVey for a continuance in order to ensure Falo has the mental capability to make important decisions in court.

"I would ask the court if the court may order a mental health evaluation before sentencing," he said.

Sant said he would prefer not to continue the case again, and the state was ready to proceed. Falo's sentence is largely guided by statute, he said, but he agreed to further evaluation if the court wanted it.

"I'll submit it," he said. "I'd rather do sentencing today."

McVey said the court is obligated to make sure Falo knows what he is doing. He ordered a mental health evaluation and a competency hearing or sentencing on Aug. 31. At that point, Uipi said he may have to consider a motion to withdraw Falo's previous plea if mental health problems become evident.

Uipi said he was not aware of mental health issues before, but the purpose of the pre-sentence investigation is to cover all constitutional issues. What mental impairment the report referred to is unclear, but Uipi said it is necessary to wait for sentencing.

"It's only a couple of sentences on the pre-sentence report," he said. "To me, it's a red flag."

The sentence for Falo's conviction can be 15 years to life for the first-degree felonies and one to 15 years for the second-degree felony.

James Falo's case is still pending before McVey. His attorney, Chad Noakes, said he has been offered a similar plea agreement to Jacob Falo's arrangement. His case was continued last week so that James Falo could witness his brother's sentencing and make his own decision as to his case.

As James Falo is currently in jail, which may count toward his sentence in the end, Noakes asked the judge to continue his hearing again to Aug. 31 with his brother's hearing.

Related

• Orem robbery getaway driver escapes more jail time
• Brothers accused in Orem armed robbery close to reaching deal
• Orem police identify robbery suspects
• Orem robber sentenced to 15 years prison