Indiana Court of Appeals February 21, 2011, No. 49A02-1006-CR-660 (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