Ronald E. Kayser, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the LaPorte Circuit Court The Honorable Thomas Alevizos,
Judge Trial Court Cause Nos. 46C01-1709-F6-853,
Attorney for Appellant James Harper Deputy Public Defender
Harper & Harper, LLC Valparaiso, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Samuel J. Dayton Deputy Attorney General
of the Case
Ronald Kayser ("Kayser") appeals the sentences
imposed in two separate causes. Kayser pled guilty to Level 6
felony failure to register as a sex or violent
offender in one cause and to Level 5 felony sexual
misconduct with a minor in a second cause. The trial court
imposed a two-year sentence for Kayser's Level 6 felony
conviction and a five-year sentence for his Level 5 felony
conviction, and it ordered the sentences to be served
consecutively to each other. Kayser argues that: (1) the
trial court abused its discretion in its determination of
aggravating circumstances and by ordering consecutive
sentences; and (2) his aggregate sentence is inappropriate.
Concluding that the trial court did not abuse its discretion
and that Kayser's sentence is not inappropriate, we
affirm his sentence.
1. Whether the trial court abused its discretion when
2. Whether Kayser's sentence is inappropriate.
In 2001, Kayser was convicted in Florida of a sex offense
involving child fondling, which was a second-degree felony.
Thereafter, he was required to register on a sex and violent
offender registry, which he did when residing in Indiana.
Under the registry, he was also required, among other things,
to notify the sheriff's department within seventy-two
hours of any change in his employment.
In February 2017, Kayser was fired from his job. Thereafter,
in March 2017, he started working at a new job. Kayser never
notified the sheriff's department of either change in
employment. Five months later, the sheriff's department
learned that Kayser had changed employment and had not
reported it. In September 2017, the State charged Kayser,
under cause 46C01-1709-F6-853 ("Cause F6-853"),
with Level 6 felony failure to register based on his failure
to notify law enforcement of his change of employment.
On October 20, 2017, prior to his arrest in Cause F6-853,
Kayser, who was fifty-nine years old at that time, touched
and fondled the buttocks and vaginal area of a
fifteen-year-old girl in order to arouse or satisfy his
sexual desires. Specifically, Kayser was riding his bicycle
when he saw two teenage girls, J.B. and F.B., who were locked
out of F.B.'s house and trying to get into the window.
Kayser stopped, approached the girls, and offered to lift
J.B. into the window. As he lifted J.B., Kayser touched and
rubbed the girl's buttocks and vaginal area for about
fifteen seconds. Once both girls were inside the house, they
saw Kayser masturbating in the yard outside the window. In
November 2017, the State charged Kayser, under cause
46C01-1711-F5-1068 ("Cause F5-1068"), with Level 5
felony sexual misconduct with a minor and Class A misdemeanor
On September 28, 2018, Kayser entered a plea agreement in
Cause F5-1068. Kayser agreed to plead guilty to the Level 5
felony sexual misconduct with a minor in exchange for the
State's dismissal of the Class A misdemeanor public
indecency charge. The plea agreement provided that the State
would "remain silent" at the sentencing hearing.
(App. Vol. 2 at 23). The trial court ordered a presentence
investigation report ...