Q: Is theft under 2500 with 2 priors a SJ felony or is it a mistem b enhancement? Is it a charge of its own?
A: It is a charge of its own. When someone has two prior theft convictions and is arrested for another theft the State has the option of filing that new arrest as a State Jail Felony. However, the State can also choose to proceed as a theft based on the value of what was allegedly stolen. The choice is completely up to the State, though your attorney may attempt to get the State to waive the enhancements to reduce the case to a misdemeanor. Good luck!
Kiele Linroth Pace agrees with this answer
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