Napoleon Gracia, Sr. v. State of Indiana

OPINION

VAIDIK, Judge.

Case Summary

Napoleon Gracia, Sr. 1 was convicted of one felony and two misdemeanor counts stemming from a physical altercation with police officers. On appeal, Gracia contends that the State engaged in impermissible forum shopping when it filed charges against him in Howard Superior Court I. Gracia also argues that the trial court erred in refusing to give a jury instruction on excessive use of force by police and that his sentence is inappropriate. We conclude that while the filing of charges in Howard Superior Court I was error, Gra-cia did not object to the filing and…