Miller pleaded guilty to the charge but asked the jury to assess punishment. He was eligible to be released on bail pending the outcome of an appeal because his sentence was for less than 10 years in prison.

Miller fell under suspicion and was fired from the Elgin Police Department after he was linked to a portable digital storage device, or “thumb drive,” found by another officer in the department’s squad room.

Orville Roger Miller Jr., 48, should also serve 10 years on probation on two of the three counts of the indictment in connection with a case which arose in 2007, the jury indicated. State District Judge Reva Towslee Corbett said she will formally sentence Miller at a hearing on Nov. 18 in Bastrop.

Because Miller pleaded guilty after a jury of eight women and four men was seated Monday, the jury’s only job was to assess punishment. Prosecutors asked for the maximum of 10 years in prison for each of the three counts of the indictment. Assistant state Attorney General Lisa Hoing also asked the judge to order any prison terms assessed to be served consecutively, in effect seeking a prison term of up to 30 years.

The defense said probation with community supervision was the appropriate sentence. Miller had no prior felony convictions and had been a Texas peace officer for more than 20 years. He was fired from the Elgin police force in May 2007 after he was linked to a portable digital “thumb drive” data storage device found in the police squad room. The device included images depicting children involved in explicit or simulated sexual activity, according to evidence introduced at Miller’s trial.

After the jury verdict was returned about 4 p.m. Friday, Defense attorney Tull Farley immediately announced his intention to appeal the verdict and asked for Miller to be released on bail pending the appeal outcome. The judge ordered Miller to be held in jail at least until formal sentencing next week.

Before being led away by a deputy of the Bastrop County Sheriff’s Department after the verdict, Miller hugged his mother in the courtroom, saying,” I’m so sorry, Mama. I gotta go.”

A former wife, his current fiancee and his mother all testified at the trial, asking the jury to assess probation. “He can still be a contributor to society,” Farley told the jury. “He’s remorseful and wants to atone” for admitted crimes.

Miller also testified in hiw own defense.

Orville Roger Miller Jr. pleaded guilty to three counts of a grand jury indictment before 335th District Judge Reva Corbett on Nov. 10 but asked for the jury, selected the previous day, to assess punishment.

The case began May 4, 2007 when another Elgin police officer found a portable digital “thumb drive” attached to a computer in the department’s squad room and tried to determine its owner. According to testimony Tuesday, sexually explicit video images involving children were found both on the portable digital storage device and on Miller’s personal laptop computer.

With no prior felony convictions, Miller is eligible for probation under state law. Prosecutors from the state Attorney General’s Office are seeking a prison term. “This is not a probation case,” the lead prosecutors told the jury in an opening statement Tuesday.

The attorney general’s office was asked to take up the investigation and prosecution because it has a specialized computer crimes section, according to testimony by former Elgin police chief Jack Hensley. Miller was fired shortly after the suspect images were discovered, said Hensley.

Defense attorney Tull Farley reserved his opening statement until the state has completed its presentation of testimony and other evidence.

During testimony Tuesday the jury was shown some video images and other digital material recovered by investigators from computer devices linked to Miller, though those images could not be viewed by courtroom observers, including news reporters. The judge rejected a prosecution request to clear the courtroom during presentation of the video evidence, but she did not allow observers to view the material.