Ronald A. Rupska v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 25, 2019
• Docket: 18A-CR-2457
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Feb 25 2019, 10:07 am

the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Cara Schaefer Wieneke Curtis T. Hill, Jr. Wieneke Law Office, LLC Attorney General of Indiana Brooklyn, Indiana Caryn N. Szyper Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Ronald A. Rupska, February 25, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2457 v. Appeal from the Vigo Superior Court State of Indiana, The Honorable John T. Roach, Appellee-Plaintiff. Judge Trial Court Cause No. 84D01-1601-F6-7

Bradford, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2457 | February 25, 2019 Page 1 of 4 Case Summary [1] In April of 2017, Ronald A. Rupska pled guilty to Level 6 felony operating a

vehicle while intoxicated (“OWI”). Rupska was initially place in the Vigo

County Veterans Court Treatment Program (“Veterans Treatment Program”).

His participation in the program was terminated due to Rupska’s failure to

abide by its rules. The trial court subsequently sentenced Rupska to two years of

incarceration, all suspended to probation. Rupska contends that his sentence is

inappropriate in light of the nature of his offense and his character. Because we

disagree, we affirm.

Facts and Procedural History [2] On January 2, 2016, police officers discovered Rupska slumped over the

steering wheel of his vehicle. Upon making contact with Rupska, officers

observed an open beer can lying next to his vehicle and smelled the odor of an

alcoholic beverage emanating from his breath. Rupska admitted that he had

been driving the vehicle and had been drinking. Rupska failed a field sobriety

test and refused to take a chemical test, after which he was taken into police

custody.

[3] On January 4, 2016, the State charged Rupska with Class A misdemeanor OWI

endangering a person and Level 6 felony OWI. On April 7, 2017, Rupska pled

guilty to Level 6 felony OWI and, in exchange, the State dismissed the

remaining charge. The trial court deferred entering judgment of conviction to

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2457 | February 25, 2019 Page 2 of 4 allow Rupska to participate in the Veterans Treatment Program. On June 13,

2018, Rupska was terminated from the Veterans Treatment Program for

noncompliance, and the trial court entered judgment of conviction. On

September 12, 2018, the trial court sentenced Rupska to two years of

incarceration, all suspended to probation.

Discussion and Decision [4] Rupska contends that his sentence of two years of incarceration, all suspended

to probation, is inappropriate. We may revise a sentence if, “after due

consideration of the trial court’s decision, the Court finds that the sentence is

inappropriate in light of the nature of the offense and the character of the

offender.” Ind. Appellate Rule 7(B). “Sentencing is principally a discretionary

function in which the trial court’s judgment should receive considerable

deference.” Cardwell v. State, 895 N.E.2d 1219, 1222 (Ind. 2008) (internal

citations omitted). The defendant bears the burden of proving that his sentence

is inappropriate in the light of both the nature of his offense and his character.

Gil v. State, 988 N.E.2d 1231, 1237 (Ind. Ct. App. 2013). Rupska pled guilty to

Level 6 felony OWI, an offense with a maximum penalty of two-and-one-half

years of incarceration, for which he received two years, all suspended to

probation. See Ind. Code § 9-30-5-2; Ind. Code § 9-30-5-3.

[5] The nature of Rupska’s offense does not support a reduction in his sentence.

Rupska committed Level 6 felony OWI and was in such a state of intoxication

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2457 | February 25, 2019 Page 3 of 4 that officers found him slumped over his steering wheel. Moreover, Rupska was

on probation and violated the terms thereof when he committed the offense.

[6] Rupska’s character also does not support a reduction in his sentence. The sixty-

one-year-old Rupska has a history with the criminal justice system and

substance abuse that dates back to his first arrest at the age of thirty. Rupska has

prior convictions for Class A misdemeanor OWI endangering a person, Class B

misdemeanor public intoxication, and Class C misdemeanor OWI. He also

violated the terms of his probation. Moreover, Rupska was given an

opportunity to deal with his substance-abuse issues prior to judgment of

conviction being entered in this case by participating in the Veterans Treatment

Program; however, his participation was terminated after a determination of

noncompliance due to thirteen missed call-ins, four missed drug screens, and

five positive drug screens. Despite his prior contacts with the criminal justice

system and the trial court’s efforts to provide him with the tools to deal with his

substance abuse, Rupska has been unwilling to address his issues or conform his

actions to societal norms. Rupska has failed to establish that his sentence is

inappropriate.

[7] The judgment of the trial court is affirmed.

Bailey, J., and Brown, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2457 | February 25, 2019 Page 4 of 4