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Case No. 17-1369

State of Iowa
Todd Junior Landis


State of Iowa


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:
Dec 19, 2018

            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. 

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