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Pennsylvania man in jail awaiting trial on third strike felony after underpaying for Mountain Dew at gas station by 43 cents

“Joseph Sobolewski stopped at a convenience store in Perry County last month where he saw a sign for 20-ounce Mountain Dew bottles: 2 for $3. He grabbed a bottle, slapped $2 on the counter and walked out. What he didn’t know was a single bottle was $2.29, not $1.50. So he had shorted the store 29 cents plus tax, or 43 cents total. The store called police, who tracked him down. Pennsylvania State police officers charged him with a felony, locked him up on $50,000 cash-only bond. He’s facing the possibility of up to seven years in prison. His situation highlights several serious problems in the criminal justice system, according to reform advocates: police pushing minor matters into criminal courts, district judges setting impossibly high bonds, and the state’s ‘three strikes’ law’ for retail theft that doesn’t consider the value of the item in the third arrest.”

“For Sobolewski, 38, it’s unclear whether the situation even fits the elements of state’s law against retail theft. Prosecutors will have to prove this wasn’t a misunderstanding and that he intentionally deprived the store of the full value of the drink. Also unclear is why the Exxon in Duncannon wanted to press charges over such a small amount. The clerk confirmed to police that Sobolewski put $2 on the counter, then she followed him outside and told him he didn’t pay enough. Sobolewski responded that he did, then drove away, according to court records” – PennLive.

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