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Case No. 18-1662

State of Iowa
Kamie Jo Schiebout


State of Iowa


Kamie Jo Schiebout

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Attorney for the Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 11, 2019

            Appeal from the Iowa District Court for Sioux County, Patrick H. Tott, Judge.  AFFIRMED IN PART, SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by May, J. (8 pages)

            Kamie Jo Schiebout appeals from her conviction and sentence for felony possession of methamphetamine as an habitual offender.  She challenges the district court’s suppression ruling and her sentence.  OPINION HOLDS: (1) The seizure of Schiebout’s purse was a permissible seizure incident to arrest.  So the district court was correct in denying Schiebout’s motion to suppress.  (2) Federal drug convictions do not count as prior convictions for purposes of Iowa Code section 124.401(5) (2017).  Because Schiebout has only one relevant prior conviction, her current offense should be treated as an aggravated misdemeanor, not a felony.  We vacate Schiebout’s sentence and remand for resentencing.

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