Miller receives 1-year sentence for child-abuse conviction

Adam Miller, 24, of Hillsboro was sentenced Monday, Jan. 25, in the Marion County 8th Judicial District Court to one year in a state prison and 24 months post-release supervision after being found guilty Dec. 23 by a jury on one count of child abuse.

Miller, through his attorney, Stephen Johnson of Newton, filed a notice of appeal on the child-abuse conviction with the Kansas Court of Appeals, and requested that Miller be allowed to remain on bond until after the appeal is decided.

Chief Judicial District Judge Michael Powers granted the appeal bond at $25,000.

Prior to the state court of appeals hearing the case, Miller faces another hearing at 11 a.m. Wednesday, Feb. 10, regarding whether to revoke his probation on a domestic battery conviction in December 2008.

Depending on the outcome of that hearing, the judge could decide to revoke Miller?s bond and have him serve the controlling sentence of six months in the Marion County Jail. The judge could also grant a lesser sanction and keep the controlling sentence at six months.

According to County Attorney Robson, when an individual has a new conviction while on probation, which in this case was the child abuse, the individual could lose his or her bond and be forced to serve the original sentence.

The three-day trial started Thursday, Dec. 17, to determine whether Miller was the person who harmed his son, who was 1 year old at the time, between Oct. 7 and 9, 2008, or if an accident that occurred two weeks before those dates caused the subdural hematoma, which is a collection of blood on the surface of the brain.

The 12-member jury found Miller guilty of child abuse after listening to two days of testimony from experts, family members and others.

Miller was allowed to remain free on bond pending his sentencing with a requirement that he have no personal contact with his son.

Child abuse is a person felony. Depending on his past criminal history, Miller could have been sentenced to 31 to 34 months in a state prison rather than the 12-month sentence he received.

At the sentencing hearing, both the prosecution and the defense were given the opportunity to present evidence and testimony to recommend an appropriate sentence. Following all of the testimony, the judge issued his ruling.

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