State of Iowa
v.
Todd Junior Landis
Appellee
State of Iowa
Appellant
Todd Junior Landis
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David N. May and Donna L. Paulsen, Judges. CONVICTIONS AFFIRMED; SENTENCING ORDER VACATED IN PART AND REMANDED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Tabor, J. (11 pages)
Todd Landis challenges his convictions for operating while intoxicated (OWI) and possession of a controlled substance arguing the drug evidence should have been excluded when police searched his pocket thirty minutes before arresting him for the OWI. He contends this search was not substantially contemporaneous with his arrest. He also challenges the rationale given for his sentence and the sentence imposing court costs on a dismissed simple misdemeanor charge. OPINION HOLDS: The evidence would have been admissible under the inevitable-discovery doctrine. The court gave sufficient individualized rationale to explain the sentencing decision. But the district court should not have imposed court costs from a dismissed charge in the sentencing order. We vacate that part of the order and remand for entry of a corrected order. We affirm defendant’s convictions.
