Strike 3 sends Austin man to 60 years in prison

An Austin man was sentenced to 60 years in prison after he was convicted of a felony methamphetamines arrest in 2016, which triggered the state’s habitual offender, or three strikes, law.

Wayne Allsup, 46, was convicted of felony methamphetamine possession by a Hays County Jury last week.

Wayne Allsup

Testimony at the trial, which began on Nov. 27, established that on June 24, 2016, Allsup was stopped by the San Marcos Police Department after a 911 call from a concerned citizen  who reported Allsup’s vehicle driving erratically on Interstate 35.

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.

During testimony, Allsup was discovered to have 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. Those include 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.

Allsup’s prior arrests stem from Travis, Williamson, Galveston and Dallas counties.  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 60 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. 

Mau said in a statement that he thought the jury in the case “got it right.”

“Some people believe that they can continue to commit crime after crime and the law will not stop them,” Mau said. “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.”

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