A 25-year-old St. Joseph man was surprised to learn he was charged with a felony for allegedly stealing sandwiches from a local grocery store.

As it turns out, Brent Rhyne was charged with a felony because of three prior convictions on stealing charges.

The caption for the offense reads: “Stealing – 4th Or Subsequent Stealing Offense Within 10 Years.”  The offense is a class-e felony, and if convicted, Rhyne faces up to a maximum prison term of four years.

Prosecutors assert that Rhyne was convicted of stealing twice in St. Joseph Municipal Court, and once in Buchanan County Circuit Court, for incidents that occured in 2013. The probable cause affidavit also notes at least one arrest for burglary and “a past history of resisting arrest.”

Online court records also show that in March of 2014, Rhyne was sentenced to the Dept. of Corrections for a four-year term after violating his probation in a vehicle tampering case. Circuit Judge Daniel Kellogg revoked his probation after the State Board of Probation and Parole notified him that “…defendant admitted to injecting meth daily since his release from jail,” according to online court records.

On Friday, Rhyne made his initial court appearance via video before Associate Circuit Judge Keith Marquart. Before the proceedings could get underway, Rhyne asked the judge if it’s true that “there’s a felony involved.”

Judge Marquart explained the charge, and listed the prior offenses. He then entered a not-guilty plea on Rhyne’s behalf, and scheduled the case for the preliminary hearing docket May 19. Rhyne is represented by a public defender.