YOUNGSTOWN, Ohio (WYTV) – A Mahoning County Court Judge re-sentenced a Youngstown man in the September of 2011 murder of Quest Waggoner.
Tuesday morning, Judge Lou D’Apolito agreed with an appeals court decision to change the sentence for Donovan Miller’s tampering with evidence charge.
Judge D’Apolito ruled that the three-year sentence must run at the same time as Miller’s 30-years to life aggravated murder sentence. Miller is now eligible for parole after 33 years, instead of 36.
“At the time of the sentencing, the judge order it to be consecutive,” Mahoning County Assistant Prosecutor Mary Desmond said. “The court of appeals said the findings weren’t made. So, when it came back, they were made concurrent to just alleviate the issue.”
Miller is also serving three years in prison for a gun specification charge, related to Waggoner’s murder