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State of Iowa
v.
J. Doe
Appellee
State of Iowa
Appellant
J. Doe
Attorney for the Appellee
Kyle Hanson, Assistant Attorney General
Attorney for the Appellant
Jack Bjornstad
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Kossuth County, Andrew Smith, District Associate Judge. EXTENSION OF NO-CONTACT ORDER REVERSED; SENTENCE VACATED IN PART AND REMANDED FOR ENTRY OF CORRECTED SENTENCE. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Ahlers, J. (8 pages)
A defendant appeals the extension of a no-contact order under Iowa Code section 664A.8 (2022). OPINION HOLDS: Because we find issue preclusion did not apply to the determination of whether the defendant no longer posed a threat to the protected party, we reverse the district court’s grant of summary judgment to the State and remand for cancellation of the extension order. But because the original no-contact order contained in the original sentencing order was illegally short, we vacate that part of the sentence and remand for entry of a corrected sentence to include a five-year no-contact order beginning at the time of original sentencing.
