A 74-year-old Altoona man serving a minimum of 90 years in prison for the sexual abuse of a child that began when she was 7 years old has filed a petition with the federal court in Johnstown stating he never had the opportunity to appeal his conviction and sentence.

Gary Paul Miller is serving his sentence in the State Correctional Institution at Somerset.

Miller, who is representing himself, is asking for federal review of his case, contending he asked his attorney to appeal his conviction and 90- to 180-year sentence, but that his attorney never filed the appeal.

He was convicted in 2017 on two counts of child rape and a litany of other child sexual abuse charges that occurred over an 11-year period.

The defendant had a history of criminal activity that included encouraging a minor to commit prostitution, as well as statutory rape and failure to abide by Pennsylvania’s sexual offender registration laws. He was also charged at one point with flight to avoid prosecution.

Miller was convicted of abusing his young victim by a Blair County jury during a three-day trial in May 2017.

The charges indicated that Miller used threats as well as giving the child gifts to secure her silence over the years.

Despite Miller’s ad­­vanced age, Sullivan said he imposed the lengthy sentence because Miller, with a criminal record dating back to 1972, “has shown no potential for rehabilitation.”

The judge stated Miller was a “great menace to the community, especially children.”

Miller was represented during his case by an assistant Blair County public defender.

In his petition to the federal court, he contended his attorney was ineffective, noting he “did not even try to get me a plea bargain.”

Miller stated he told the judge he wanted to appeal his conviction and that he told his attorney he wanted to appeal.

He stated there was no DNA testing performed on a rape kit that was prepared during an investigation into the charges, and he repeatedly stated he didn’t initially appeal on his own because he didn’t know how.

Miller requested that his appeal rights be restored and that he be appointed counsel.

In addition, he is requesting DNA testing.

The prosecutor in the Miller trial, Assistant District Attorney Derek Elensky, said it was one of the most disturbing cases he had handled up to that time.

Miller claimed during the trial the young girl made up the story about his sexual abuse, but Sullivan said to him, “The jury didn’t believe you, and I don’t either.”

He originally filed his petition on April 25 in the U.S. District for Eastern Pennsylvania.

The Eastern District on Wednesday transferred the Miller petition to the Western District.

U.S. Magistrate Judge Keith A. Pesto in Johns­town put the appeal on hold until MIller certifies he cannot afford a filing fee.

Pesto clarified in his Wednesday order he was not dismissing the petition.