George Jones  is a 45 year-old who has two felonyconvictions, one for robbery and one for assault with a deadlyweapon. In 2007, he stole some items worth about $100 from a WallMart. Jones has admitted stealing the merchandise. His conductqualifies as petty theft under the state’s criminal code, which isa felony. There is, however, another provision in the code formisdemeanor theft.
If you were the prosecuting attorney in the case against Jones,would you file felony charges against him? Would your answer to thequestion change if you knew that charging a felony would result ina third strike under the criminal code, so that Jones would besubject to a sentence of 25-years-to-life?
If you were the judge in Jones’s case, would you grant thedefendant’s motion to dismiss the felony charge and accept aproposed guilty plea for misdemeanor theft (which could result in asentence of up to one year in the county jail)?
