Habitual Offender Sentenced To 60 Years For Possession Of Methamphetamine

Testimony at the trial, which began on Monday, established that, on June 24, 2016, Wayne Allsup was stopped by the San Marcos Police Department after a 911 call from a concerned citizen reported Mr. Allsup’s vehicle driving erratically and dangerously on I-35.

Wayne Allsup, 46, was convicted this week of felony methamphetamine possession and sentenced to 60 years in prison under state habitual offender laws.

Testimony at the trial, which began on Monday, established that, on June 24, 2016, Wayne Allsup was stopped by the San Marcos Police Department after a 911 call from a concerned citizen reported Mr. Allsup’s vehicle driving erratically and dangerously on I-35. Mr. Allsup was arrested for driving with a suspended license.

An inventory search of his vehicle yielded liquid methamphetamine in a vial on the driver’s seat and a hypodermic needle used to administer liquid narcotics on the passenger seat. Laboratory testing identified the substance as over a gram of methamphetamine, a third-degree felony amount, usually punishable by two to ten years in prison.

Testimony at the punishment hearing, however, established that Mr. Allsup has a lengthy criminal history, including ten felony convictions and two misdemeanor DWI convictions. The felony convictions date back to 1999 and involve both vehicular crimes and crimes against persons; including unauthorized use of motor vehicles, evading arrest, failure to stop and render aid, attempted burglary of a habitation, theft from a person, and methamphetamine possession.

Mr. Allsup’s priors stem from multiple counties: Travis, Williamson, Galveston, and Dallas.  Mr. Allsup’s sentencing range was increased to 25 to 99 years or life in prison as a result of his having been sent to prison twice before—the “three strikes” rule.  The jury assessed sixty years in the penitentiary.

Hays County Criminal District Attorney Wes Mau congratulated Assistant District Attorney Ben Gillis, who handled the trial with co-counsel Erika Price before visiting Senior Judge Dan Mills.  

“I think the jury, in this case, got it right,” Hays County District Attorney Wes Mau said. “Some people believe that they can continue to commit crime after crime and the law will not stop them. The habitual offender statutes are designed for exactly those situations where the regular punishment range is not enough to deter the person.  Mr. Allsup’s brazen disregard for the law demonstrates that only prison will keep him from committing further crimes.”