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STATE v. HELMERS

No. 07-0178.

753 N.W.2d 565 (2008)

STATE of Iowa, Appellant, v. Robert Glee HELMERS, Appellee.

Supreme Court of Iowa.

July 25, 2008.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Kevin Cmelik and Laura M. Roan, Assistant Attorneys General, and Stephen H. Holmes, County Attorney, for appellant.

William T. Talbot of Newbrough, Johnston, Brewer, Maddux & Howell, L.L.P. Ames, for appellee.

STREIT, Justice.

Robert Helmers was charged with stalking a woman while subject to a no-contact order. The existence of a no-contact order elevates the crime of stalking from an aggravated misdemeanor to a class "D" felony. Helmers moved to bifurcate the trial so that evidence of the no-contact order would not be presented to the jury unless it first found him guilty of stalking. The district court granted Helmers' motion, and the State sought interlocutory appeal...

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