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IN THE COURT OF APPEALS OF IOWA No. 0-840 / 09-1691 Filed December 22, 2010

STATE OF IOWA, Plaintiff-Appellee, vs. MARIA ELENA GARCIA, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Johnson County, Stephen C. Gerard II, District Associate Judge.

A defendant appeals her sentence for assault causing bodily injury. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

Mark C. Smith, State Appellate Defender, and David Arthur Adams, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Linda J. Hines, Assistant Attorney General, Janet M. Lyness, County Attorney, and Meredith Rich-Chappel, Assistant County Attorney, for appellee.

Considered by Sackett, C.J., and Vogel and Vaitheswaran, JJ. Tabor, J., takes no part.

2 VOGEL, J. Following a jury trial, Maria Garcia was found guilty of assault causing bodily injury in violation of Iowa Code sections 708.1 and 708.2(2) (2009). A sentencing hearing was held, but was not transcribed.1 On October 13, 2009, the district court entered a written judgment and sentence. Garcia was

sentenced to three days in jail and a fine in the amount of $1875.2 The following language is found on what appears to be a form order: The Court feels the foregoing sentence will provide the maximum benefit for rehabilitation of Defendant and for the protection of the community and should act as a deterrent to Defendant, and others, to any future offenses. Additionally, Garcia was

ordered to pay restitution for court-appointed-attorney fees in the amount of $900. Garcia appeals. Our review is for an abuse of discretion. State v. Valin, 724 N.W.2d 440, 444 (Iowa 2006); State v. Mudra, 532 N.W.2d 765, 766 (Iowa 1995). Garcia asserts that the district court, utilizing boilerplate language,3 did not adequately state on the record its reasons for the sentence, particularly the decision to impose the maximum fine of $1875. Iowa Rule of Criminal Procedure 2.23(3)(d) requires a sentencing court to state on the record its reason for selecting a particular sentencing option, which permits the appellate court to determine whether there has been an abuse of discretion. The State responds that Garcia has waived error on her claim because she failed to provide an
If there was any form of a record created, it was not included for our review. The fine for a serious misdemeanor under Iowa Code section 903.1(1)(b) ranges from a minimum of $315.00 to a maximum of $1875.00. 3 It is difficult to discern what language was part of the form and what language was specifically tailored to Garcia.
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3 adequate record for our review--the sentencing hearing was not transcribed and Garcia did not prepare a statement of the evidence or proceedings as allowed under Iowa Rule of Appellate Procedure 6.806. Alternatively, the State argues the district court did not abuse its discretion and its written statement was adequate to demonstrate its reasons for imposing the sentence. We agree that Garcia has waived her claim. It is a defendant's obligation to provide this court with a record affirmatively disclosing the error relied upon. Mudra, 532 N.W.2d at 767; see also State v. Alloway, 707 N.W.2d 582, 586 (Iowa 2006) (stating a defendant will not be permitted to raise an issue on appeal concerning an abuse of discretion in sentencing without attempting to give the court a record upon which to decide the issue), overruled on other grounds by State v. Johnson, 784 N.W.2d 192, 197

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