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A Pennsylvania man was jailed last month and charged with a felony after paying 43 cents less for a bottle of Mountain Dew soda, which is largely part of the state’s three-strike law. But there was a fine.

Joseph Sobolevsky walked into a convenience store in Perry County where there was a special for 20-ounce Mountain Dew bottles: 2 for $3.

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Sobolevsky took a bottle, put 2 dollars on the counter and went out, penlive informed of. The store called the police and he was arrested. Sobolevsky probably didn’t know that a bottle of Mountain Dew costs $2.29, not $1.50.

So they actually shortened the store to 43 cents, or 29 cents for the bottle plus tax. He is being held on a $50,000 bond and could face up to seven years in prison.

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“For me, if someone’s theft was getting worse or worse, I would get the deterrent factor,” Brandon Flood, director of the state’s parole board, told the news outlet. “But the lack of discretion bothers me. It’s problematic because it doesn’t factor in the amount.”

a criminal docket Shown that the bond was originally ordered as a cash bond before it was modified to be “unsecured”, meaning it could be released without paying any money to the court, although the amount would remain the same. .

The store’s clerk allegedly followed Sobolevsky outside the store and informed him that he had not paid enough for the bottle of soda. He replied that he did and reportedly walked away.

According to the news outlet, 38-year-old Sobolevsky, who is homeless and has multiple convictions of other petty crimes, is being charged under the state’s three-strike law for retail theft.

His first offense involved him not paying for gas more than a decade ago. In December 2011, he was arrested for stealing a pair of shoes from K-Mart that cost $39.99. For that offense, he paid more than $866 in fines and fees and was sentenced to three months in prison.

Two months before the alleged soda theft, Sobolevsky and his wife were charged with stealing craft supplies from Hobby Lobby. The bond was set at $2,000 but is applying for a state diversion program.