Victims hoping for justice in the case of the State vs. Todd Miller appeared visibly agitated as Rutland Superior Court Judge Theresa S. DiMauro said there would be no sentence given Tuesday.
The Rutland man faces up to 100 years in jail for multiple counts of felony burglary, but he could serve no time in jail if his defense attorney can persuade the judge to agree to a deferred sentence.
"I don't know what that does with our ability to go forward this morning and hear the state's position," Judge DiMauro said Tuesday.
Miller and his 30-year-old sister Amanda were charged last year with a string of burglaries that police say funded their heroin addiction. At issue at Todd Miller's sentencing was Vermont statute 221. It states that "The court may defer sentencing and place the respondent on probation." That is either if the prosecution and defense agree, or without an agreement if the defendant is 28 years old or younger.
Miller's defense team argued that the language that refers to the age is unclear as to whether that means the time the crime was committed or the time of sentencing. "Given what I see as the ambiguity in the statute, it is why the plea agreement was structured in the way that it was structured so that there was an agreement that the defense could argue for the deferred," said Rutland County Public Defender Mary Kay Lanthier.
Miller was 28 at the time of the burglaries, but is now 29. Police estimate the Millers stole upwards of $12,000 worth of goods from one Church Street house alone. According to court records, the Millers admitted to stealing from at least five homes in different Rutland neighborhoods.
Rutland County State's Attorney Kevin Klemm says this is not a commonly cited statute. "It has not come up before as far as I'm aware," he said.
He says rescheduling the sentencing date was a proper decision. "That additional information was essential for the judge to be able to fairly and appropriately sentence Mr. Miller," Klemm said.
Documents will now be updated by the probation office and the defense and prosecution with the cited statute being considered.
Victims in court Tuesday had no comment. There is no set date for the sentencing and a new date will be scheduled.
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