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FOR PUBLICATION

ATTORNEYS FOR APPELLANT: ABHISHEK CHAUDHARY ANDREW AULT Indiana Legal Services Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ELIZABETH ROGERS Deputy Attorney General Indianapolis, Indiana

FILED
Jun 21 2012, 8:42 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA
BYRON CHAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1110-MI-1024

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Theodore M. Sosin, Judge The Honorable Burnett Caudill, Magistrate Cause No. 49D02-1003-MI-12990

June 21, 2012

OPINION - FOR PUBLICATION

SHEPARD, Senior Judge

When a shoplifter steals goods priced at $97, does the $7 in sales tax that would have been due if he had purchased the items mean that their "retail value" was $104 such that the forfeiture statutes entitle the State to seize the car the thief used to drive to the scene of the crime? FACTS AND PROCEDURAL HISTORY In February 2010, a loss prevention officer employed by a Menards store in Indianapolis detained appellant Byron Chan after Chan left the store carrying various electronics items (like two garage door remotes and an ear bud case) for which he had not paid. The Menards employee called the Indianapolis Metropolitan Police Department, whose officers came to the store and took Chan into custody. Aside from whatever proceedings may have occurred under the criminal law, the State filed a complaint seeking forfeiture of the Honda that Chan used in driving to and expected to use in driving away from the store. After a trial on the merits, the court granted the State's petition. It ordered the vehicle forfeited for the use of the Indianapolis Metropolitan Police Department and sold for the benefit of the Marion County Law Enforcement Fund. This appeal followed. ISSUE Indiana's civil forfeiture statutes provide that a vehicle may be forfeited if it is used or intended to be used to transport any stolen or converted property, "if the retail or repurchase value of that property is one hundred dollars ($100) or more." Ind. Code

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