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A man charged in July of 2023 with first degree criminal sexual conduct-penetration or contact under 14 and first degree criminal sexual conduct-penetration or contact under 16-significant relationship has opted out of a plea deal and will now go to trial.

Alexander William Miller, 26, is scheduled for a pretrial on Jan. 17, 2025 with the trial to follow on Jan. 27, 2025.

According to a court complaint, a 13-year-old girl accused Miller of sexually assaulting her on the weekend of March 17, 2023.

Miller entered into a plea deal in March of this year for a recommended 180 days in jail, however the presumptive sentence was far more than that at 60 months in prison according to court documents.

According to a brief filed by Miller’s lawyer, Daniel Donnelly, on July 30, a request was made to depart from the presumptive sentence based on oral testimony, arguments of counsel, as well as factors that include:

• Amenability to treatment or probation
• Remorse
• Support of family and others
• Agreement of the state.