NAPLES, Fla. (AP) – Authorities say a Naples man remains jailed on felony charges after leaving a McDonald’s restaurant without paying for a cup of soda.

Deputies arrested 52-year-old Mark Abaire last week after the restaurant manager told them he had asked for a cup of water and then filled it with soda from the fountain machine.

The Naples Daily News reports Abaire was sitting outside the restaurant when the manager asked him to pay a dollar for the soda. Abaire refused, then would not leave the premises. Police arrived and arrested him.

The charge is petty theft, but it was increased to a felony because Abaire has previous petty theft convictions. In Florida, a third-degree felony can result in a sentence of up to five years and a $5,000 fine.