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We don't know what his past record is. Maybe he had previous felonies and was already a three strike offender so any further offenses become maximum penalty automatically?

jmra wrote:I could see someone making an honest mistake - my wife thinks I should drink water, I prefer soda. She hands the kids and me cups that she just left the register with. I get my soda only to discover she meant for me to get water, I go to jail.

Don;t think so. This guy refused to pay for his soda, so the cops were called. He is an habitual criminal, and since this was his third strike, he goes to jail and the taxpayers now get to pay for the soda and everything else he eats and drinks.

http://www.newsy.com/videos/alleged-flo ... hind-bars/" onclick="window.open(this.href);return false;

A Florida man is now charged with a felony because he filled hi cup with soda instead of water.