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Defendant in DWI case waives jury, accepts plea; judge sentences him to 7 years
Summary
In State v. Randy Wayne Folsom, the defendant waived a jury trial, consented to stipulation of testimony, and entered a no‑contest plea to driving while intoxicated (third or more). The court accepted the plea, found the defendant guilty and sentenced him to seven years in prison with a $2,000 fine under the plea agreement.
The 187th District Court accepted a plea and imposed sentence in the case of State v. Randy Wayne Folsom after the defendant waived a jury trial and consented to stipulations of evidence.
When the court called the case, prosecutor Gallinger announced the state's presence and defense counsel Renee Munoz appeared for the defendant. The court explained the indictment and discovery compliance and clarified the defendant’s rights. The judge told the defendant that the charged offense, driving while intoxicated third or more, would be a third‑degree felony and explained the statutory punishment range: “The range of punishment is anywhere from 2 to 10 years in prison and up to $10,000 fine.”
The defendant acknowledged reviewing discovery and the plea paperwork with counsel, waived the reading of the indictment, and consented to a stipulation that allowed the state to present its evidence via written reports in lieu of live testimony. After reviewing state exhibits and attachments, the court found the evidence sufficient under the stipulation and entered a guilty finding.
Under the terms of the plea bargain, the court sentenced the defendant to seven years in prison and assessed a $2,000 fine. The judge ordered the fine to be satisfied by the time served concurrently with incarceration where applicable and advised the defendant about credit for time served. The court warned the defendant that, because this was a felony conviction, he would be prohibited from possessing firearms and that the waiver of appeal in the plea agreement limited appellate relief.
The court also recommended therapeutic community placement given the defendant’s prior alcohol‑related convictions and directed counsel to ensure the defendant receives any applicable jail‑credit and post‑release support information. Administrative matters — including clothing exchange procedures for jail logistics (72‑hour notice) and paperwork for filings — were discussed before the court recessed.
