State of Iowa
v.
Kamie Jo Schiebout
Appellee
State of Iowa
Appellant
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:
Summary
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.