Say v. State

SHIELDS, Judge.

Donald L. Say claims his conviction of burglary, a class B felony, is not supported by the evidence because the object of the intended theft was marijuana. Say argues, "There can NOT be a Theft in this case because (1) contraband is not 'personal property'; (2) contraband can not be 'property of another'; and (8) contraband has no legal value." Appellant's Brief at 18 (emphasis in original). Say also claims the State failed to prove the value of the marijuana.

Property is defined in IC 85-41-1-28 (1988) as "anything of value." The fact is that marijuana is bought and sold daily…