State v. Mudra, 532 N.W.2d 765 (Iowa 1995). · Go Syfert
State v. Mudra, 532 N.W.2d 765 (Iowa 1995). Cases Citing This Book View Copy Cite
“it is a defendant's obligation to provide this court with a record affirmatively disclosing the error relied upon. we conclude that, by voluntarily failing to provide such a record, mudra has waived error on his claim.”
70 citation events (66 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Iowa v. Pierre Tobias Baugh (iowactapp, 2014-12-10) · Strongest negative: State of Iowa v. Benjamin Joseph Lyon (iowa, 2015-04-17)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 25 distinct citers.
cited Overruled State of Iowa v. Benjamin Joseph Lyon
Iowa · 2015 · signal: see · confidence high
See State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995) (per curiam), overruled by State v. Thompson, 856 N.W.2d 915, 921 (Iowa 2014).
examined Cited as authority (verbatim quote) State of Iowa v. Pierre Tobias Baugh
Iowa Ct. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
it is a defendant's obligation to provide this court with a record affirmatively disclosing the error relied upon. we conclude that, by voluntarily failing to provide such a record, mudra has waived error on his claim.
discussed Cited as authority (verbatim quote) State of Iowa v. Amy Jo Ross
Iowa Ct. App. · 2014 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
we conclude that, by voluntarily failing to provide such a record, mudra has waived error on his claim.
examined Cited as authority (verbatim quote) State of Iowa v. Korey Allen Jurgena
Iowa Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is a defendant's obligation to provide this court with a record affirmatively disclosing the error relied upon. we conclude that, by voluntarily failing to provide such a record, has waived error on his claim.
examined Cited as authority (verbatim quote) State of Iowa v. Jacob Douglas Fesko
Iowa Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is a defendant's obligation to provide this court with a record affirmatively disclosing the error relied upon. we conclude that, by voluntarily failing to provide such a record, has waived error on his claim.
discussed Cited as authority (verbatim quote) State of Iowa v. Jack Raymond Carr
Iowa Ct. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
it is a defendant's obligation to provide court with a record affirmatively disclosing the error relied upon.
discussed Cited as authority (rule) State of Iowa v. Shantel C. Temple
Iowa Ct. App. · 2016 · confidence medium
“It is the defendant’s obligation to provide this court with a record affirmatively disclosing the error relied upon.” State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995), overruled on other grounds by State v. Thompson, 856 N.W.2d 915, 921 (Iowa 2014).
discussed Cited as authority (rule) In the Interest of M.W. and Z.W., Minor Children, R.W., Mother (2×) also: Cited "see"
Iowa Ct. App. · 2015 · confidence medium
It is Rebekah’s obligation to provide us with “a record affirmatively disclosing the error relied upon.” See State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995).
discussed Cited as authority (rule) Amended February 24, 2015 State of Iowa v. Mark Aaron Thompson (2×) also: Cited "see"
Iowa · 2014 · confidence medium
Id. at 767.
discussed Cited as authority (rule) State of Iowa v. Janneen Michelle Brooks (2×)
Iowa Ct. App. · 2014 · confidence medium
State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995).1 Although the district court failed to state its reasons for imposing the sixty-day sentence in its sentencing order, Brooks’s failure to provide a record on appeal prohibits our review of this issue.
discussed Cited as authority (rule) State of Iowa v. Tina Lynn Thacker
Iowa Ct. App. · 2014 · confidence medium
It is Thacker’s obligation to provide us with “a record affirmatively disclosing the error relied upon.” See State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995); State v. Ludwig, 305 N.W.2d 511, 513 (Iowa 1981).
examined Cited as authority (rule) State of Iowa v. Mark Aaron Thompson (3×) also: Cited "see"
Iowa Ct. App. · 2014 · confidence medium
Citing State v. Mudra, 532 N.W.2d 765, 766-67 (Iowa 1995), the State contends Thompson waived his claim by failing to provide this court with a record of the sentencing hearing affirmatively disclosing a violation of Iowa Rule of Criminal Procedure 2.23(3)(d).
discussed Cited as authority (rule) State of Iowa v. Kashia Nicole Myrick
Iowa Ct. App. · 2014 · confidence medium
The judgment and sentence form gives few reasons for imposing the sentence: “The reasons for this sentence are the defendant’s prior criminal history, or lack thereof, age and circumstances, to maximize rehabilitation of the defendant and deter future misconduct.” We have not been provided a transcript of the sentencing hearing.1 On nearly identical facts, our supreme court held when the defendant has failed to provide an adequate record for review of the district court’s decision “we will not speculate as to what took place.” See State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995).
discussed Cited as authority (rule) State of Iowa v. Michelle Fister
Iowa Ct. App. · 2014 · confidence medium
“We believe, and strongly advise, that the better practice for a district court in situations where there is no transcription of the proceedings is to always state sufficient reasons in the sentencing order.” State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995).
cited Cited as authority (rule) State v. Leckington
Iowa · 2006 · confidence medium
State v. Mudra, 532 N.W.2d 765, 766-67 (Iowa 1995).
cited Cited as authority (rule) State Of Iowa Vs. Sandra Joy Stella Leckington
Iowa · 2006 · confidence medium
State v. Mudra, 532 N.W.2d 765, 766-67 (Iowa 1995).
examined Cited as authority (rule) State Of Iowa, Vs. Russell Lysle Alloway (7×) also: Cited "see"
Iowa · 2006 · confidence medium
State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995) (per curiam).
examined Cited as authority (rule) State v. Alloway (7×) also: Cited "see"
Iowa · 2006 · confidence medium
State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995) (per curiam).
discussed Cited as authority (rule) In re F.W.S.
Iowa · 2005 · confidence medium
See Ludwig, 305 N.W.2d at 513 (holding defendant’s failure to provide the court with the record on appeal affirmatively disclosing the error relied on precluded the court from reviewing defendant’s claim that sentence of imprisonment was imposed in retaliation for defendant’s refusal to plead guilty); State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995) (holding defendant waived alleged error in sentencing proceeding by voluntarily failing to make a record of the district court proceeding).
discussed Cited as authority (rule) In Re FWS
Iowa · 2005 · confidence medium
See Ludwig, 305 N.W.2d at 513 (holding defendant's failure to provide the court with the record on appeal affirmatively disclosing the error relied on precluded the court from reviewing defendant's claim that sentence of imprisonment was imposed in retaliation for defendant's refusal to plead guilty); State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995) (holding defendant waived alleged error in sentencing proceeding by voluntarily failing to make a record of the district court proceeding).
discussed Cited as authority (rule) State v. Oliver
Iowa · 1998 · confidence medium
Scope of Review “We review the record to determine if the district court abused its discretion in failing to state reasons for the sentence imposed.” State v. Mudra, 532 N.W.2d 765, 766 (Iowa 1995) (citing State v. Dvorsky, 322 N.W.2d 62, 67 (Iowa 1982)).
cited Cited "see" State of Iowa v. Mark Aaron Thompson
Iowa · 2014 · signal: see · confidence high
See id.
cited Cited "see" In the Interest of T.V.
Iowa · 1997 · signal: see · confidence high
See State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995).
discussed Cited "see" State v. Vanover
Iowa · 1997 · signal: see · confidence high
See State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995) (holding that defendant has obligation to provide appellate court with a record affirmatively disclosing the error relied on).
cited Cited "see, e.g." State of Iowa v. Dawayne McGowan
Iowa Ct. App. · 2016 · signal: see, e.g. · confidence medium
See, e.g., State v. Brooks, No. 13-1675, 2014 WL 6721201 , at *1 (Iowa Ct. App. Nov. 26, 2014) (citing State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995)).
STATE of Iowa, Appellee,
v.
Mark A. MUDRA, Appellant
94-1512.
Supreme Court of Iowa.
May 24, 1995.
532 N.W.2d 765
Linda Del Gallo, State Appellate Defender, and Ahmet S. Gonlubol, Asst. State Appellate Defender, for appellant., Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., Richard Crowl, County Atty., and Kenneth E. Tyler, Asst. County Atty., for appellee.
Harris, Larson, Carter, Lavorato, Snell.
Cited by 26 opinions  |  Published
PER CURIAM.

Mark A. Mudra appeals from his conviction, following a guilty plea, for domestic abuse assault causing bodily injury, first offense, in violation of Iowa Code sections 708.1(2) and 708.2A(2)(b) (1993). Mudra contends the district court abused its discretion in failing to state reasons on the record for the particular sentence imposed. We affirm.

Mudra entered a written guilty plea to domestic abuse assault causing bodily injury. The written plea contained a statement that “no promises have been made as to the penalty I will receive if I plead guilty except: A sentence of 4 days in jail with work release.” He requested immediate sentencing and waived transcription of the proceedings. On the same day the district court sentenced Mudra to a sixty-day jail term with all but four days suspended. He was placed on probation subject to certain terms and conditions. No reasons were stated in the sentencing order for the sentence imposed. Mu-dra now asserts the district court could have sentenced him to two days in jail or given him a deferred judgment or sentence.

We review the record to determine if the district court abused its discretion in failing to state reasons for the sentence imposed. See State v. Dvorsky, 322 N.W.2d 62, 67 (Iowa 1982). Abuse of discretion may only be found where a court acts on grounds clearly untenable or to an extent clearly unreasonable. State v. Buck, 275 N.W.2d 194, 195 (Iowa 1979).

We cannot find clear abuse on the record Mudra has provided on appeal. The record consists of Mudra’s written guilty plea and waiver of rights, the sentencing order,[*767] and various trial court papers. There is no written plea agreement, no transcript of the proceedings, and no record of Mudra’s criminal background. Thus, it is unclear whether Mudra was eligible for a deferred judgment or sentence, or whether the district court provided adequate reasons during the proceedings or did not have to state reasons due to its acceptance of a plea agreement. See State v. Snyder, 336 N.W.2d 728, 729 (Iowa 1983). We will not speculate as to what took place. See State v. Washington, 308 N.W.2d 422, 424 (Iowa 1981).

We believe, and strongly advise, that the better practice for a district court in situations where there is no transcription of the proceedings is to always state sufficient reasons in the sentencing order. 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). However, the lack of a record on this appeal is Mudra’s own doing. He voluntarily waived transcription and then, having decided to appeal, made no attempt to make a record of the district court proceedings by either a supplemental statement of proceedings under Iowa Rule of Appellate Procedure 10(c) or by creating a bill of exceptions under Iowa Rule of Criminal Procedure 23.1.

It is a defendant’s obligation to provide this court with a record affirmatively disclosing the error relied upon. State v. Ludwig, 305 N.W.2d 511, 513 (Iowa 1981). We conclude that, by voluntarily failing to provide such a record, Mudra has waived error on his claim. See State v. Christianson, 337 N.W.2d 502, 504 (Iowa 1983). The district court judgment is affirmed.

AFFIRMED.