An appeal by a Marshalltown man for a new trial following his conviction by a jury of lascivious conduct with a minor has resulted in the Iowa Appeals court throwing out the conviction and the case has been sent back to Tama County District Court for dismissal of the charge. However, court records show Jeffrey Wayne Miller now faces other charges in apparent connection to this case.

In addition, further proceedings in the ruling and other charges are awaiting further review by the Iowa Supreme Court.

The Appeals Court reversed Miller’s conviction in the ruling filed April 6 finding the prosecution failed to establish sufficient evidence Miller committed the crime.

A District Court Jury found Miller, 38, guilty on Oct. 21, 2014 and he was sentenced Dec. 18, 2014.

That sentence was two days in jail with credit for time served. He was fined $315 and assessed court costs totaling $7,960.

District Court judge Ian K. Thornhill denied a motion for a new trial following the conviction.

The Appeals Court found there was insufficient evidence in the case and wrote the District Court erred in denying a motion for acquittal in the ruling.

The case appears to hinge on what happened at Union Grove Lake, rural Gladbrook, on July 23, 2014, according to the court record. Miller and a 17-year-old female acquaintance were seen standing close together. They were kissing and her pants were unbuttoned according to the court records. After being observed by the girl’s brother and his friend, her brother yelled at them and Miller left. The brother and his friend chased him down and held him for police.

Miller told an investigating officer he had gone to the lake to show a car he had advertised on Craig’s List, an internet site which includes ads for items for sale and had not met up with the girl.

In court testimony the girl denied Miller had forced or coerced her or unbuttoned her pants. The prosecution said this was different testimony than information the girl had provided to the investigating officer.

Court records also state Miller and the girl had previously been involved in some type of relationship at Menard’s in Marshalltown where both had been employed. Additionally, Miller is identified in records as a former police officer.

On Dec. 10, 2015, Miller was charged by the Tama County Sheriff’s Office with tampering with a witness. In the complaint it is alleged Miller continued to have regular contact with the girl while his case was on appeal. The charge states he “manipulated, influenced and/or restrained her.” In addition it is alleged he maintained contact with her in violation of a no contact order issued while the case was being appealed.

On Dec. 17, 2015, seven counts of violation of a no contact order agains Miller were filed by the Tama County Sheriff’s Office. A search warrant had been executed concerning Miller on Dec. 10 according to court records.