George Jones is a 45-year old who has two felony convictions: one for robbery and one for assault with a deadly weapon. In 2007, he stole some items worth about $100 from a Wal-Mart. Jones has admitted stealing the merchandise. Under the state's criminal code, his conduct qualifies as petty theft, which is a felony. However, there is another provision in the Code for Misdemeanor theft. Please address the following questions.
1. If you were the prosecuting attorney in this case against Jones, would you file felony charges against him? Why or why not?
2. Would your answer to #1, above, change if you knew that charging a felony would count as a third strike under the Criminal Code, so that Jones would be subject to a sentence of 25-years-to-life?
3. If you were the judge in Jones's case, would you grant the defendant's motion to dismiss the felony charge and accept a proposed guilty plea for misdemeanor theft, which could result in a sentence of up to one year in the county jail? Why or why not?