BLAINE TRUETT MILLER, 56, was sentenced today to 4 years, 4 months in state prison after previously entering guilty pleas to one count of Penal Code section 368(e) [theft from a dependent or elder adult], one count of 311.11(a) [possession of child pornography], and one count of 288.2(a)(2) [communicating with a minor for lewd purposes].
Miller was initially investigated by the Lassen County Sheriffs Office for suspicion that he had been stealing money from an elder or dependent adult who was at the time hospitalized and of whom Miller was acting as power or attorney. Records, as well as neighbor statements, indicated that Miller was taking money from the victims bank account but was not using it for purposes intended to pay bills or otherwise provide for the victim.
Shortly after criminal charges were filed and pending for the PC 368 allegations, a concerned citizen went to the Sheriffs Office to report that he had recently purchased a cell phone from Miller and on it, located images of what he suspected were child pornography. Upon a search of the phone by the Sheriffs Office, images that were in fact child pornography were located. It was also discovered that Miller was engaging in messaging with an individual he believed to be either a 14 or 15 year old female residing out of state. The messages were sexual in nature and consisted of plans to procure this young female, through the assistance of another adult woman, to come reside with him and engage in sex acts.
While it is unknown if the recipient of the Millers messages was in fact a teenager or even a real person at all, it is the belief of the defendant that is relevant for the crime and these messages indicate Miller believed he was chatting and exchanging images with a young teenage girl. Child pornography statutes have been amended to include computer generated images (AI).
Miller was sentenced to the middle term of 3 years for the elder financial abuse, and 1/3 of the middle term for 8 months on each of the 311.11 and 288.2 counts. Pursuant to California sentencing laws regarding consecutive sentencing, this was the maximum available punishment. Miller did not qualify for the upper term for the elder financial abuse because he had no aggravating factors as specified in the California Rules of Court regarding sentencing. The the law does not permit, for most crimes, the imposition of full terms for any other additional counts and so the court is limited to only 1/3 of the middle term. Both 311.11 and 288.2 have a middle term of 2 years, 1/3 of that being 8 months, each.
Miller does have to register as a sex offender upon his release from prison.
Both of these cases were investigated by the Lassen County Sheriffs Office and the District Attorney Investigations. The elder adult was supported through Lassen County Victim Witness. Both cases were prosecuted by DDA Amanda Zuckerman. We also give thanks to the concerned citizen who recognized the inappropriate content on Miller’s phone and did the right thing by coming forward.
