Napoleon Gracia, Sr. v. State of Indiana
976 N.E.2d 85
Ind. Ct. App.2012Background
- Gracia and his son arrived during a police search of the Gracia residence after officers obtained a search warrant based on marijuana odor.
- Gracia initially refused to place his hands behind his back; a taser was deployed when he resisted.
- A confrontation ensued with officers in the garage, including grabbing for a handgun belt and exposure to mace.
- Gracia punched an officer and attempted to remove a handgun; officers restrained him on the ground and handcuffed him.
- The State charged Gracia with one Class C felony disarming a law enforcement officer, plus several marijuana-related felonies and batteries/resisting charges.
- Gracia was convicted at a three-day jury trial of Counts I, V, and VI, and sentenced to eight years on Count I with Counts V and VI concurrent probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether filing in Howard Superior Court I was improper forum | Gracia argues forum shopping occurred | State administration ignored proper court rotation rules | Error in filing; but requires fundamental-error showing |
| Whether the jury instruction on excessive force should have been given | Gracia contends Barnes allows resisting excess force | Barnes bars right to resist unlawful entry; no instruction allowed | Instruction properly refused |
| Whether eight-year sentence for disarming a police officer is inappropriate | Sentence excessive given facts | Court acted within discretion | Sentence not inappropriate under Rule 7(B) |
Key Cases Cited
- Barnes v. State, 946 N.E.2d 572 (Ind. 2011) (no right to resist unlawful entry by police)
- Harris v. State, 963 N.E.2d 505 (Ind. 2012) (forum-shopping rules; shades of grey in filing)
- Jewell v. State, 887 N.E.2d 939 (Ind. 2008) (fundamental error doctrine narrowly defined)
- McQueen v. State, 862 N.E.2d 1237 (Ind. Ct. App. 2007) (fundamental error standard for prejudicial error)
- Reid v. State, 876 N.E.2d 1114 (Ind. 2007) (Rule 7(B) guidance on inappropriate sentencing)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (sentencing considerations—nature and character)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standard for reviewing trial court sentencing)
- Wilson v. State, 842 N.E.2d 443 (Ind. Ct. App. 2006) (instructional error review framework)