Courtney West v. State of Indiana, 2014 Ind. App. LEXIS 636

West was found seated in the driver’s seat of a running car parked on a public street, drinking beer, after Edgell reported the scene to police.
Officer Line observed West with slurred speech, difficulty retrieving her license, balance issues, and an odor of alcohol; West failed field sobriety tests.
A portable breath test indicated a BAC of .28%, with a jail test later showing .23%.
The car contained open and partially full beer cans, including two in cup holders and a case of beer on the floor.
West was charged with operating a vehicle while intoxicated with a prior within five years and operating with a BAC of .15 or more with a prior within five years; a habitual offender enhancement was dismissed.
After a bench trial, West was found guilty on both counts; the trial court merged Count II into Count I for sentencing, but the judgment on both counts raised a double jeopardy concern and the case was remanded to vacate Count II.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove operation	State asserts West operated a vehicle while intoxicated.	West contends there was no evidence she operated the car; it was parked when discovered.	Sufficient evidence showed operation; conviction affirmed (with remand for Count II vacatur).

State v. Coats, 3 N.E.3d 528 (Ind. 2014) (defines operate for OWI in light of statutory changes)
Gauvin v. State, 883 N.E.2d 99 (Ind. 2008) (statutory interpretation of operate and related standards)
Delagrange v. State, 5 N.E.3d 354 (Ind. 2014) (standard of review for sufficiency of evidence)
Traxler v. State, 538 N.E.2d 268 (Ind. Ct. App. 1989) (evidence sufficiency for intoxicated operation on county road case)
Hampton v. State, 681 N.E.2d 250 (Ind. Ct. App. 1997) (factors in determining operation of a vehicle)
Kovats v. State, 982 N.E.2d 409 (Ind. Ct. App. 2013) (merger alone does not cure double jeopardy when multiple judgments exist)