Makes plea for 4 years probation
KINGWOOD – A man who told police he was selling drugs so he could pay his taxes was placed on four years probation for possession with intent to deliver.
Under a plea agreement, Preston Circuit Judge Steve Shaffer sentenced Devin Robert Miller to one-to-five years in prison Monday. The judge suspended the prison time and put Miller on four years probation, ordered him to pay court costs and ordered random drug testing.
“I can see you are trying to make some strides,” Shaffer told Miller.
Miller told the court he has been going to drug counseling in Pennsylvania for a year. He said he is taking Subutex and his drug tests have all been negative. Miller said he has a job.
According to a criminal complaint, police found several bottles of meth, Xanax and drug paraphernalia in Miller’s car when he was arrested in October. After being put into handcuffs and read his rights, Miller said, “he was selling the methamphetamine and Xanax to pay back taxes and he does not use as he uses bupenorphine,” according to the complaint.
A tax bill and $1,030 were found in an envelope in the glove box. A total of 45 Xanax tablets and 16 grams of meth were found.
He was indicted in March on two counts of possession of a controlled substance with intent to deliver.
Miller’s attorney, Sam Hess, said the pre-sentencing report was favorable for his client. He said Miller accepts responsibility for his actions. “He has a minor criminal history,” Hess said. “His employer wrote a letter saying he was an asset to the company.”
