from the Iowa District Court for Black Hawk County, Bradley
J. Harris, Judge.
Christian appeals his guilty plea to possession of
methamphetamine with intent to deliver, second offense, and
the sentence imposed.
C. McCullough of The Law Office of Jeffrey L. Powell, PLC,
Washington, for appellant.
J. Miller, Attorney General, and Kelli A. Huser, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
was charged with second-offense possession of methamphetamine
with intent to deliver and driving while barred. At a
subsequent hearing, defense counsel advised the court a plea
agreement had been reached under which Christian would plead
guilty to the possession charge, receive a ten-year suspended
term of imprisonment, and be placed on probation for two to
five years in return for the State's dismissal of count
two and additional charges in two other cases. During the
ensuing plea colloquy, Christian advised the court he had
enough time to discuss his decision to plead guilty with his
attorney and he was satisfied with his legal representation.
Christian pled guilty to the possession charge, waived his
right to file a motion in arrest of judgment, and requested
immediate sentencing. The district court sentenced Christian
in accordance with the plea agreement.
challenges his guilty plea on appeal. Having waived his right
to file a motion in arrest of judgment, he has failed to
preserved error. See Iowa R. Crim. P. 2.24(3)(a)
("A defendant's failure to challenge the adequacy of
a guilty plea proceeding by motion in arrest of judgment
shall preclude the defendant's right to assert such
challenge on appeal."). However, he raises his argument
on appeal under an ineffective-assistance-of-counsel
framework, claims of which are not subject to our traditional
error-preservation rules. State v. Fountain, 786
N.W.2d 260, 262-63 (Iowa 2010); see State v. Brooks,
555 N.W.2d 446, 448 (Iowa 1996).
brief on appeal, Christian summarizes his
ineffective-assistance-of-counsel claim as follows:
Prior to his plea and sentencing, Christian had received an
initial offer to plea to a five (5) year suspended sentence.
Mr. Christian made it clear to his attorney that he wanted to
accept this offer. The offer was subsequently withdrawn and
Christian agreed to accept the new plea offer of a suspended
ten (10) year sentence. At no point in the plea or sentencing
proceedings did Christian's new attorney inform the court
of the prior plea offer or that it had been withdrawn without
adequate reason or cause.
acknowledges he has an inadequate record to support his
claims. Iowa Rule of Appellate Procedure 6.801 provides:
Only the original documents and exhibits filed in the
district court case from which the appeal is taken, the
transcript of proceedings, if any, and a certified copy of
the related docket and court calendar entries prepared by the
clerk of the district court constitute the record on appeal.
review of this matter is limited to the foregoing materials,
and any other extraneous matters are to be disregarded.
See In re Marriage of Keith, 513 N.W.2d 769, 771
(Iowa Ct. App. 1994).
in the record is any evidence that Christian received any
plea offer other than the one he ultimately pled guilty in
accordance with. We decline to simply accept Christian's
unsupported version of the events as stated in his appellate
brief, as it is not a sufficient substitute for a trial
record. Cf. Smith v.Iowa Bd. of Med.
Exam'rs, 729 N.W.2d 822, 827 (Iowa 2007) ("The
district court's recitation of these matters in its
ruling is not a substitute for the required appellate
record."). It was Christian's responsibility as the
appellant to make and provide this court with a sufficient
record to decide this appeal, which he has ...