Court of Appeals of Indiana | Memorandum Decision 18A-CR-2457 | February 25, 2019 Page 1 of 4

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT

Cara Schaefer Wieneke

Wieneke Law Office, LLC

Brooklyn, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Caryn N. Szyper

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Ronald A. Rupska,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

February 25, 2019

Court of Appeals Case No.

18A-CR-2457

Appeal from the Vigo Superior 

Court

The Honorable John T. Roach,

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 2 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 3 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 4 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 sixtyone-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.