Burke v. State

OPINION

VAIDIK, Judge.

Case Summary

Joshua Burke appeals his conviction for Class B felony burglary. Burke contends that Indiana Code section 35-43-2-l(l)(B)(ii), which enhances burglary from a Class C felony to a Class B felony if the *872building or structure burgled is a structure used for religious worship, violates the Establishment Clause of the First Amendment to the United States Constitution and Article 1, Section 4 of the Indiana Constitution. We conclude that Section 35 — 43—2—1(1)(B)(ii) does not violate the Establishment Clause of the First Amendment because it has a secular legislative…