A state appeals court has denied a petition filed by an Altoona man who contends he is being tried twice for the same offenses.

Terron L. Miller, 31, through his Ebensburg attorney, Richard Corcoran, charges that the prosecution for his involvement in a York-to-Altoona heroin ring is a violation of U.S. and Pennsylvania constitutional prohibitions against double jeopardy.

Miller was arrested and entered guilty pleas to six heroin sales that occurred between

Jan. 1, 2015, and Feb. 2, 2016.

The sales were to a confidential informant working with Altoona police, the West Drug Task Force, Pennsylvania State Police and the Attorney General’s Office conducting what the Pennsylvania Superior Court concluded in an opinion was “a broad, statewide conspiracy to traffic and distribute heroin.”

The drugs, according to information presented to the statewide grand jury, were transported from New York to York County and then to Altoona.

Miller is alleged to be one of the leaders of the organization that, it is charged, also included Lawrence M. Francis, 40, and Wayne A. Davis, 37, of York.

The charges contend Miller distributed the drugs to others in the Altoona area for sale to local addicts.

On Nov. 21, 2016, Miller entered guilty pleas to the charges stemming from his direct sales to the police informant.

He was sentenced to prison for five to 15 years and is in the State Correctional Institution at Forest.

During his sentencing hearing, it was reported that he was under investigation by the statewide grand jury and that additional charges could be forthcoming. Despite that, he went ahead with his plea.

The results of the grand jury investigation eventually led to Miller being charged with: possession with intent to deliver heroin, dealing in the proceeds of unlawful activity, two counts of participating in a corrupt organization and possession of drug paraphernalia between Jan. 1, 2015, and Feb. 2, 2016.

Miller is fighting the new charges by arguing they are based on the same conduct, time period, location and offenses to which he entered his guilty pleas.

He asked that the grand jury charges be dismissed because he is being tried twice for the same criminal conduct, which would violate both the U.S. Constitution and Penn­sylvania Constitution bans against double jeopardy.

Blair County Judge Wade A. Kagarise rejected the petition to dismiss the new offenses, and, in an unusual move, Miller was permitted to take a pretrial appeal to the Superior Court.

In a lengthy opinion issued this week, Superior Court Judges Mary P. Murray, Judith F. Olson and Kate Ford Elliott, upheld Kagarise’s ruling.

The opinion, written by Murray, stated, “We conclude that the trial court did not err in denying (Miller’s) pretrial motion to dismiss.

“(His) guilty pleas in the prior case stem from multiple individual sales of heroin to a confidential informant.

“In the instant matter, however, the commonwealth seeks to prosecute Miller for his involvement in a broad, statewide conspiracy to traffic and distribute heroin,” it said.

The Superior Court cited information from the grand jury presentment to show that the new charges involve offenses that went beyond Miller involvement in individual drug sales.

It stated a witness told the grand jury that Francis, known as “Shake,” and Davis, with the street name of “New York,” supplied drugs to Miller, who was known as “Pimp,” and that Miller would distribute bundles of heroin (10 bags in a bundle) to street dealers.

The prosecution of Miller through the new charges is seeking to prosecute him for his role in the overall delivery scheme from New York to York to Altoona, the Superior Court pointed out.

“Thus, the prosecution in this case is far broader in scope than the charges to which (Miller) previously pled guilty,” according to the Murray opinion.

But both the appeals court and Kagarise raised a caveat.

While there will be testimony in Miller’s upcoming trial about his individual drug sales, Kagarise warned the prosecution must go beyond the six individual sales to prove Miller’s involvement in the overall scheme, or else, the judge said, he would reconsider the dismissal motion.

The Superior Court also stated, “If the commonwealth fails to present new evidence against (Miller), and, as a result attempts to prosecute Miller for crimes to which he already pled guilty, Miller may file another motion to dismiss on double jeopardy grounds.”

The fact Miller knew there were additional charges coming, yet went ahead and pleaded to the drug sales, established that he “understood his rights (against possible double jeopardy) and specifically waived those rights,” according to the Superior Court.

Miller, Davis and Francis are all awaiting trial.