State v. Cooper, 403 N.W.2d 800 (Iowa Ct. App. 1987). · Go Syfert
State v. Cooper, 403 N.W.2d 800 (Iowa Ct. App. 1987). Cases Citing This Book View Copy Cite
“ppellate courts should not be forced to rely on post hoc attempts at divining the district court's motivation from the entirety of the record in order to determine if the district court abused its discretion.”
55 citation events (47 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Iowa v. Jose Antonio Torres Gomez (iowactapp, 2026-01-28)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 24 distinct citers.
examined Cited as authority (verbatim quote) State of Iowa v. Jose Antonio Torres Gomez
Iowa Ct. App. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
ppellate courts should not be forced to rely on post hoc attempts at divining the district court's motivation from the entirety of the record in order to determine if the district court abused its discretion.
discussed Cited as authority (rule) State of Iowa v. John Robert West
Iowa Ct. App. · 2026 · confidence medium
Probation is denied because it is unwarranted.”), and State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987) (finding the sentencing court abused its discretion by using boilerplate language stating, “The court has reviewed the circumstances of the offense, and the defendant’s prior background.”), with State v. Gurisho, No. 24-0466, 2025 WL 1704387 , at *2 (Iowa Ct. App. June 18, 2025) (finding the sentencing court did not abuse it discretion because it considered the seriousness of the charge, the harms done to separate victims, and the best opportunity for rehabilitation and pr…
discussed Cited as authority (rule) State of Iowa v. Joseph Ricardo Cruz Cordero
Iowa Ct. App. · 2023 · confidence medium
This is distinguished from statements that have been found insufficient, including: “‘[t]he Court has reviewed the circumstances of the offense, and the defendant's prior background, [sic].’” State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987).
examined Cited as authority (rule) State of Iowa v. Steven Charles Fuhlman (3×) also: Cited "see", Cited "see, e.g."
Iowa Ct. App. · 2023 · confidence medium
See State v. Harper, No. 17-0813, 2018 WL 1433073 , at *1 (Iowa Ct. App. Mar. 21, 2018) (concluding the court’s statement was inadequate when the only reasons given were the “nature of the offense” and “prior record”); Cooper, 403 N.W.2d at 802 (finding insufficient “[t]he Court has reviewed the circumstances of the offense, and the defendant’s prior background” (alteration in original)).
discussed Cited as authority (rule) State of Iowa v. Latrice Denise Saunders
Iowa Ct. App. · 2023 · confidence medium
Saunders contends she is entitled to resentencing because “the court failed to state any reasons for the sentence orally at the time of the sentencing hearing.” She acknowledges that the written judgment order contained a “boilerplate statement” that the sentence was being ordered “for the protection of society, rehabilitation of Defendant, and the reasons stated by the Court on the record.” But she maintains that those were “generalized, vague considerations which we may assume advise every court in making every sentencing decision.” See State v. Cooper, 403 N.W.2d 800, 802 (I…
discussed Cited as authority (rule) State of Iowa v. Jason Alan Adams (2×) also: Cited "see, e.g."
Iowa Ct. App. · 2022 · confidence medium
This case is thus unlike State v. Lumadue, 622 N.W.2d 302, 304 (Iowa 2001) and State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987), both of which lacked sentencing transcripts or reasons in the sentencing orders beyond “vague and generalized considerations” that “presumably inform every court’s basic sentencing decision.” Lumadue, 622 N.W.2d at 305 ; see also State v. Alexander, 2018 WL 3057620 , at *2 n.2 (Iowa Ct. App. June 20, 2018) (distinguishing Cooper, 403 N.W.2d at 802 on the same grounds).
discussed Cited as authority (rule) State of Iowa v. Robert Ritchie
Iowa Ct. App. · 2021 · confidence medium
See State v. Thacker, 862 N.W.2d 402, 410 (Iowa 2015) (noting court’s failure to adequately state reasons for sentence could not be solved with boilerplate language in the sentencing order); State v. Lumadue, 622 N.W.2d 302, 304-305 (Iowa 2001) 2 The district court used a sentencing order template available at http://www.polkcountyiowa.gov/county-attorney/forms/ (Last accessed June 16, 2021). 8 (remanded for resentencing where no right to allocution was afforded the defendant); State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987) (remanding for resentencing where sentencing hearing was …
discussed Cited as authority (rule) State of Iowa v. Cynthia Kobusch, Michael Kobusch, and Jeffrey Merfeld
Iowa Ct. App. · 2019 · confidence medium
“To answer the abuse of discretion question, an appellate court needs to know why a trial court acted in the way that it did, not why it might have done so.” State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987).
cited Cited as authority (rule) State of Iowa v. Breeanna Marie Harper
Iowa Ct. App. · 2018 · confidence medium
State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987).
cited Cited as authority (rule) State of Iowa v. Jacob Thomas Ditsworth
Iowa Ct. App. · 2015 · confidence medium
Nonetheless, the statement should “articulat[e] the rationale behind the court’s choice of sentence.” State v. Cooper, 403 N.W.2d 800, 801 (Iowa Ct. App. 1987).
examined Cited as authority (rule) State of Iowa v. Tina Lynn Thacker (4×)
Iowa · 2015 · confidence medium
Id. at 304-05 . 4 In a somewhat similar vein, the court of appeals in State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct.App.1987), considered the statement: “[t]he Court has reviewed the circumstances of the offense, and the defendant’s prior background.” The court of appeals held that such vague and generalized comments were inadequate under the rule.
discussed Cited as authority (rule) Amended June 24, 2015 State of Iowa v. Tina Lynn Thacker (2×)
Iowa · 2015 · confidence medium
Id. at 304–05. 4 In a somewhat similar vein, the court of appeals in State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987), considered the statement: “[t]he Court has reviewed the circumstances of the offense, and the 4A leading federal appellate decision relating to such boilerplate language is United States v. Cunningham, 429 F.3d 673 (7th Cir. 2005).
cited Cited as authority (rule) Amended February 24, 2015 State of Iowa v. Mark Aaron Thompson
Iowa · 2014 · confidence medium
State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987).
cited Cited as authority (rule) State of Iowa v. Mark Aaron Thompson
Iowa · 2014 · confidence medium
State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct.App.1987).
cited Cited as authority (rule) State of Iowa v. Janneen Michelle Brooks
Iowa Ct. App. · 2014 · confidence medium
State v. Cooper, 403 N.W.2d 800, 802 (Iowa 1987).
discussed Cited as authority (rule) State v. Johnson
Iowa · 1989 · confidence medium
The “record” for purposes of criminal appeals *343 consists of “[t]he original papers and exhibits filed in the trial court, the transcript of proceedings, if any, and a certified copy of the docket and court calendar entries.... ” Iowa R.App.P. 10(a); State v. Cooper, 403 N.W.2d 800, 801 (Iowa App.1987).
cited Cited "see" State of Iowa v. Christopher Wayne Kackley
Iowa Ct. App. · 2024 · signal: see · confidence high
See State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987). 7 BULLER, Judge (dissenting).
discussed Cited "see" State of Iowa v. Travis L. Sumerall
Iowa Ct. App. · 2014 · signal: see · confidence high
See State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987) (declining State’s invitation to divine district court’s motivation for the sentence from the entirety of the record).
discussed Cited "see" State of Iowa v. Mark Aaron Thompson
Iowa Ct. App. · 2014 · signal: see · confidence high
See State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987) (case remanded for resentencing because record was insufficient for review when no transcript was made and district court stated insufficient reason for sentence in the sentencing order). 6 recognized making a sentencing record is “not solely within the province of the district court.” Id. at 586.
discussed Cited "see" State v. Mudra
Iowa · 1995 · signal: see · confidence high
See State v. Cooper, 403 N.W.2d 800, 802 (Iowa App.1987) (case remanded for resentencing because record was insufficient for review when no transcript was made and district court stated insufficient reason for sentence in the sentencing order).
cited Cited "see" State v. Beaver
Iowa Ct. App. · 1988 · signal: see · confidence high
See State v. Cooper, 403 N.W.2d 800, 802 (Iowa App.1987).
discussed Cited "see, e.g." State of Iowa v. Scott Randolph Luke
Iowa · 2024 · signal: see also · confidence medium
See also State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987) (“The present record, far from articulating the rationale behind the court’s choice of sentence, states only generalized, vague considerations which we may assume advise every court in 11 making every sentencing decision: the circumstances of the offense and the defendant’s background.”).
discussed Cited "see, e.g." State of Iowa v. Leslie James Clark
Iowa Ct. App. · 2023 · signal: compare · confidence medium
Compare State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987) (determining the record for an unreported sentencing was insufficient when the district court only stated it considered “the circumstances of the offense, and the defendant’s prior background”), with State v. Miller, No. 22-0244, 2023 WL 1813628 , at *2 (Iowa Ct. App. Feb. 8, 2023) (finding a sentencing court’s explanation enabled review when the court focused on the defendant’s criminal history but also listed other considerations). 5 Next, Clark argues the district court considered impermissible factors because it st…
discussed Cited "see, e.g." State of Iowa v. Charles Robert Davidson
Iowa Ct. App. · 2023 · signal: compare · confidence medium
Compare State v. Cooper, 403 N.W.2d 800, 802 (Iowa Ct. App. 1987) (determining the record for an unreported sentencing was insufficient when the district court only stated it considered “the circumstances of the offense, and the defendant’s prior background”), with State v. Adams, No. 21-1756, 2022 WL 3907749 , at *2 (Iowa Ct. App. Aug. 31, 2022) (“At the sentencing hearing, and in its written order, the district court expressly noted its consideration of the relevant sentencing factors.
STATE of Iowa, Plaintiff-Appellee,
v.
James Frederick COOPER, Jr., Defendant-Appellant
86-293.
Court of Appeals of Iowa.
Feb 25, 1987.
403 N.W.2d 800
Gary K. Anderson of Anderson & Wheeler, Council Bluffs, for defendant-appellant., Thomas J. Miller, Atty. Gen., Lona Hansen, Asst. Atty. Gen. and Kenneth Tyler, Asst. Co. Atty., for plaintiff-appellee.
Oxberger, Donielson, Snell.
Cited by 27 opinions  |  Published
Pinpoint authority: bottom 48%
SNELL, Judge.

On February 7, 1986, the appellant, James Frederick Cooper, was charged by trial information with driving while license under suspension. See Iowa Code § 321A.17 (1985). On that same date Cooper, appearing by counsel, submitted a written plea of guilty. On February 21, 1986, Cooper was sentenced to one year in the county jail and fined five hundred dollars. All but one hundred dollars of the fine was suspended on the condition that Cooper perform forty hours of community service, with credit given for attendance at Alcoholics Anonymous meetings. All but thirty days of the sentence was suspended on the condition that defendant, among other things, “complete an alcohol evaluation and follow all recommendations.” This appeal followed, challenging the sentence imposed by the district court. Our review is limited to the correction of errors at law. Iowa R.App.P. 4.

Cooper challenges his sentence in two respects. First, he contends the court erred in failing to state on the record its reasons for choosing the particular sentence it imposed. Second, he maintains the court abused its discretion in requiring, as a condition of his suspended sentence, that he complete an alcohol evaluation. This second argument is premised on Cooper’s contentions that the present charges against him are not alcohol-related and that he has not been arrested for an alcohol-related offense in seven years.

Rule 22(3)(d) of the Iowa Rules of Criminal Procedure provides, inter alia, that when sentencing a defendant the district “court shall state on the record its reason for selecting the particular sentence.” The “record” for purposes of criminal appeals consists of “[t]he original papers and exhibits filed in the trial court, the transcript of proceedings, if any, and a certified copy of the docket and court calendar entries....” Iowa R.App.P. 10(a). When a trial court[*802] fails to state on the record its reasons for the sentence imposed, the sentence must be vacated and the case remanded for amplification of the record and resentencing. State v. Marti, 290 N.W.2d 570, 589 (Iowa 1980); Luedtke, 279 N.W.2d at 8.

In the present case, no transcript was made of the sentencing hearing. The State defends the district court’s sentence, however, by arguing that the reasons behind the district court’s choice of the particular sentence imposed are both stated on its sentencing order and sufficiently obvious from the remainder of the record when considered in light of the sentencing order. In support of these contentions, the State points to the sentencing order which tersely states that “[t]he Court has reviewed the circumstances of the offense, and the defendant’s prior background, [sic]” and asks that we find this sufficient. We do not.

The main purpose of the requirement that a court state its reason for a particular sentence is to allow us to review the sentence to determine if there has been an abuse of discretion. State v. Matlock, 304 N.W.2d 226, 228 (Iowa 1981); State v. Luedtke, 279 N.W.2d 7, 8 (Iowa 1979). A general statement such as the one employed by the district court in the present case does not assist us in such a determination. We note that Rule of Criminal Procedure 22(3)(d) reflects our courts’ belief that “[without question, articulation of the rationale undergirding a sentence ... assists] both trial court and the appellate court on review.” Luedtke, 279 N.W.2d at 8 (quoting State v. Horton, 231 N.W.2d 36, 39 (Iowa 1975)). The present record, far from articulating the rationale behind the court’s choice of sentence, states only generalized, vague considerations which we may assume advise every court in making every sentencing decision: the circumstances of the offense and the defendant’s background. We are left to speculate as to which circumstance of the offense and what facet of the defendant’s background, which at the time of sentencing spanned twenty-eight years, motivated the district court to impose this particular sentence on Cooper.

Neither do we think this situation remedied by reference to the remainder of the record. First of all, we think that implicit in rule 22(3)(b) is a determination that appellate courts should not be forced to rely on post hoc attempts at divining the district court’s motivation from the entirety of the record in order to determine if the district court abused its discretion. See Matlock, 304 N.W.2d at 228. To answer the abuse of discretion question, an appellate court needs to know why a trial court acted in the way that it did, not why it might have done so. See State v. Morrison, 323 N.W.2d 254, 256 (Iowa 1982) (abuse of sentencing court’s discretion found only where court acts on clearly untenable grounds or to clearly unreasonable extent). In addition, even were we to accept the State’s invitation to review the remainder of the record in light of the sentencing order, we would be at a loss as to which circumstance of the offense or portion of Cooper’s background the district court found mandated the particular sentence it imposed. Cooper, and our judicial system, are not well served by such guesswork. See Matlock, 304 N.W.2d at 228. Accordingly, we vacate Cooper’s sentence and remand this case for resentencing.

Cooper’s second contention is that the district court abused its discretion in imposing certain conditions on his suspended sentence. In light of our holding that the present sentencing record is inadequate for our review of such questions, we do not reach this contention. We note, however, that the fact Cooper has not been involved in an alcohol-related offense since 1979 must be given weight in the sentencing determination in light of our law to the effect that the punishment imposed must fit the particular person and circumstances under consideration. State v. Hildebrand, 280 N.W.2d 393, 396 (Iowa 1979); see generally Morrison, 323 N.W.2d at 254 (“[a] sentence must fit the person and circumstances”).

SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.