from the Iowa District Court for Marshall County, Kim M.
Riley, District Associate Judge.
defendant appeals his conviction for domestic abuse assault
causing bodily injury, third offense. AFFIRMED.
M. Van Daele of Kennedy, Cruise, Frey & Gelner, L.L.P.,
Iowa City, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and McDonald, JJ.
Martin Jr. appeals his conviction for third-offense domestic
abuse assault causing bodily injury, in violation of Iowa
Code sections 708.1, 708.2A(1), and 708.2A(4) (2015),
following a stipulated trial on the minutes of evidence.
Specifically, Martin claims the district court erred in
limiting the factual record to the trial information and
minutes of evidence and in denying his post-notice-of-appeal
motion to modify the record. Because we find Martin
stipulated to a trial on the minutes of evidence and find no
error in the district court's denial of Martin's
motion to modify the record, we affirm Martin's
Background Facts and Proceedings
August 10, 2015, the State charged Martin with third-offense
domestic abuse assault causing bodily injury. After waiving
his right to a jury trial, Martin entered a plea of guilty on
March 28, 2016. However, Martin later withdrew his guilty
plea and agreed to a trial on the minutes of evidence as
filed along with the trial information. The district court
discussed Martin's request for a trial on the minutes of
evidence with him:
THE COURT: All right. Thank you. So Mr. Martin, let me ask
you a few questions about that. We were scheduled for a trial
to the court today, which would be just a trial in front of a
judge, as you had previously waived your right to a trial by
jury. And if we proceed with a trial to the court, that would
involve the State calling a number of witnesses to give
testimony in this case. And then they would be, of course,
questioned and cross-examined by your attorney as part of the
submission of the case to the court. Mr. Smith informs me
that you and he have talked, and that in lieu of proceeding
with the trial to the court, you have made the decision to
proceed by way of a Trial on the Minutes. Is that what you
want to do today?
MR. MARTIN: Yes, ma'am.
THE COURT: Okay. And you understand that if you do proceed
with a Trial on the Minutes, then the court would determine
your guilt or innocence based solely on the Minutes of
Testimony, that is the information contained in the police
reports, witness statements, and the summaries of those
statements that were filed along with the Trial Information.
Do you understand that?
MR. MARTIN: Yes, ma'am.
THE COURT: Okay. And you agree that this is the evidence -the
evidence in the Minutes of Testimony would be the evidence
that the State would present today if the State were, in