State v. Traylor, 246 So. 3d 665

In April 2016 officers observed Coty Scott Traylor and another man urinating by a parked silver pickup; Traylor entered the driver’s seat, the engine started, and brake lights illuminated.
Officers activated patrol lights and approached; Traylor admitted drinking and said he was waiting for a taxi, then performed poorly on field sobriety tests.
An Intoxilizer 5000 breath test at the jail showed a BAC of .276%.
Traylor was tried by a jury, convicted of DWI (fourth offense) under La. R.S. 14:98 and 14:98.4, and sentenced to a $5,000 fine and 25 years at hard labor with no parole, probation, or suspension.
Traylor appealed, challenging (1) sufficiency of evidence that he "operated" the vehicle, (2) the trial court’s removal of a juror for using a cell phone, and (3) the excessiveness of his sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency: Was Traylor "operating" the vehicle when contacted?	State: Evidence (entry to driver’s seat, engine start, brake lights, dash cam, poor sobriety tests, BAC) supports operation.	Traylor: Sitting in driver’s seat with engine running is insufficient to prove operation.	Court: Affirmed — starting engine and applying brake while in driver’s seat is sufficient to show "some control" and support conviction.
Juror removal: Was replacing juror with an alternate improper?	State: Juror willfully violated court orders by texting during trial; removal and substitution permissible.	Traylor: Removal of an impaneled juror and seating an alternate was reversible error.	Court: Affirmed — juror deliberately disobeyed admonitions and communicated outside courtroom; trial court properly exercised discretion.
Excessive sentence: Is 25 years (no benefits) constitutionally excessive?	State: Sentence within statutory range for 4th-offense DWI given prior treatment requirement and lengthy DWI history; not excessive.	Traylor: Sentence is abusively harsh and not supported by record.	Court: Affirmed — given long history of DWI convictions and probation failures, 25 years does not shock the conscience.

Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
State v. Lewis, 236 So.3d 1197 (La. 2017) ("operate" broader than "drive"; physical handling of controls suffices)
State v. Cass, 356 So.2d 396 (discusses juror removal limits and defendant's right to the selected jury)
State v. Fuller, 454 So.2d 119 (upholds replacing juror who willfully violated sequestration order)
State v. Dorthey, 623 So.2d 1276 (sets constitutional excessiveness standard)