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GRACIA v. STATE

No. 34A04-1112-CR-667.

976 N.E.2d 85 (2012)

Napoleon GRACIA, Sr., Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 5, 2012.

Attorney(s) appearing for the Case

Derick W. Steele , Kokomo, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Monica Prekopa Talbot , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

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...

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