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$1 Felony Mark AbaireCan felony charges really be filed over $1?  Apparently so.

A Florida man is now facing a felony charge after he was accused of leaving a McDonald’s in East Naples without paying for a cup of soda.

After filling a courtesy cup with soda on Thursday at the McDonald’s soda fountain and then walking out, Mark Abaire, 52, of Naples, Florida was arrested and now faces a felony theft charge.

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A manager told police that Abaire came into the store and asked for a glass of water around 10 p.m. EDT.  Although the employee reminded him that the cup was strictly for water, Abaire filled it with soda and sat outside the restaurant with it, according to the arrest report.

During the subsequent discussion with the manager, Abaire declined to pay for the soda, valued at $1, refused to leave the premises, and cursed at the manager.

While his actual charge is petty theft, due to previous petty theft convictions, the charge for drinking the stolen soda was increased from a misdemeanor to a felony. In Florida, a third-degree felony can result in a sentence of up to 5 years in prison and a $5,000 fine.

Abaire also faces additional misdemeanor charges of trespassing and disorderly intoxication. On Saturday, he remained in the Collier County jail with bond set at $6,500.

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