56-year-old Lassen County resident, Blaine Truett Miller, was sentenced Tuesday in Lassen County Superior Court to four years and four months in state prison. The sentencing follows guilty pleas related to elder financial abuse and crimes involving child pornography and the solicitation of a minor.
According to a press release from Lassen County District Attorney Melyssah Rios, Miller’s legal troubles began with the Lassen County Sheriff’s Office where Investigators looked into allegations that Miller, acting as power of attorney, was stealing money from an elder or dependent adult who was hospitalized at the time.
Evidence from bank records and neighbor statements indicated that while Miller was withdrawing funds from the victim’s account, the money was not being used to pay the victim’s bills or provide for their care.
Discovery of Additional Crimes
While the elder abuse charges were pending, a “concerned citizen” contacted the Sheriff’s Office after purchasing a cell phone from Miller. The buyer discovered images on the device that appeared to be child pornography.
A subsequent forensic search of the phone by law enforcement confirmed the presence of child pornography. Investigators also uncovered messages between Miller and an individual he believed to be a 14- or 15-year-old girl living out of state.
“The messages were sexual in nature and consisted of plans to procure this young female… to come reside with him and engage in sex acts,” the District Attorney’s office stated.
The District Attorney noted that under California law, the defendant’s belief regarding the age of the recipient is what determines the crime, regardless of whether the recipient was actually a minor or a real person.
Sentencing Breakdown
Miller entered guilty pleas to three counts. Under California sentencing laws, the court handed down the maximum available punishment for this combination of crimes:
According to the D.A., 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.”
District Attorney Rios explained that 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.
In addition to his prison term, Miller is required to register as a sex offender upon his release.
The cases were investigated by the Lassen County Sheriff’s Office and District Attorney Investigations and prosecuted by Deputy District Attorney Amanda Zuckerman.
The elder victim received support through Lassen County Victim Witness.
District Attorney Rios extended particular gratitude to the citizen who reported the content found on the cell phone, praising them for “doing the right thing by coming forward.”
