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The original item was published from 2/24/2015 10:03:48 AM to 3/6/2015 12:05:01 AM.

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District Attorney

Posted on: February 24, 2015

[ARCHIVED] Miller sentenced to 28 years and 8 months

On February 23, 2014 Dustin Leon Miller, 34, was sentenced to 28 years 8 months in state prison for convictions in 4 separate felony cases. In December of 2013 Miller was in Black Oak Casino when he hid over 6 grams of methamphetamine in a speaker box, all of which was caught on casino surveillance video (that case was later reduced to a misdemeanor due to recent changes in the law brought about by Proposition 47, the Safe Neighborhoods and Schools Act). Then, in February of 2014 Miller, who has a lengthy criminal history including a prior strike conviction for Assault with a Deadly Weapon with a gang-related enhancement and several convictions for Possessing Drugs for Sale, was again charged with Possessing Drugs for Sale along with a co-defendant Christopher Goodrich. Later in February 2014 Miller was arrested on a warrant, taken to the Tuolumne County Jail and found to have brought methamphetamine into the jail, for which he was charged in another case. In June of 2014 then Assistant District Attorney Laura Krieg was in trial against Miller for the Possession-for-Sale drug case when Goodrich was scheduled to testify against Miller. While in the courtroom, Miller sent out a message on social media requesting people come to court and make it difficult for Goodrich to testify against him. That message was intercepted by law enforcement and the trial was interrupted in order to deal with the issue. Misty Verkuyl, a friend of Miller’s, testified at a mid-trial proceeding that it was she who had created the message. Subsequently Miller failed to appear on the last day of that trial and was convicted in absentia. Another felony case was then initiated for Miller’s failure to appear in the drugs-for-sale case. As a result of the social media incident District Attorney Laura Krieg filed charges against Miller and Verkuyl for Conspiracy and Witness Intimidation. That case was handled by Deputy District Attorney Eric Hovatter and in another jury trial both Miller and Verkuyl were found guilty of Conspiracy and Witness Intimidation (and Verkuyl for an additional charge of Perjury). The sentence of 28 years 8 months in state prison included additional sentencing enhancements for his prior strike conviction, having prior drug-sales convictions, having a prior serious or violent felony conviction and suffering a new serious or violent conviction and for committing felony offenses while out on bail or his own recognizance. Miller will be eligible for parole after serving 80% of his time.

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