State of Iowa v. Tina Lynn Thacker, 2015 Iowa Sup. LEXIS 46

Tina Thacker was charged with first‑degree harassment (an aggravated misdemeanor) and a related simple misdemeanor after an incident at a transit facility; she pled guilty to a lesser serious misdemeanor pursuant to a plea agreement.
The written Petition to Plead Guilty form in the record left the plea‑agreement terms blank; the sentencing hearing was waived from being reported.
The district court’s written sentencing form checked “The Plea Bargain” as the most significant sentencing factor and imposed a one‑year jail term (suspended) and one year probation with multiple conditions, fines, restitution, and no‑contact.
On appeal Thacker argued (1) the district court failed to state adequate on‑the‑record reasons for the sentence under Iowa R. Crim. P. 2.23(3)(d), and (2) her guilty plea was not knowingly and voluntarily made, implicating ineffective assistance of counsel.
The court of appeals affirmed; the Iowa Supreme Court granted further review and concluded the sentencing record was inadequate to determine whether the court merely gave effect to a plea agreement or exercised sentencing discretion.
The Supreme Court vacated the sentence and remanded for resentencing to create a record showing either the plea terms or the court’s on‑the‑record reasons; the voluntariness/ineffective‑assistance claim was reserved for postconviction relief because the record is inadequate to resolve it on direct appeal.

Issue	Thacker's Argument	State's Argument	Held
Whether district court complied with Iowa R. Crim. P. 2.23(3)(d) by stating reasons for sentence when sentencing form only checked “Plea Bargain” and plea terms are not in record	The sentencing record is inadequate; boilerplate and an unchecked/blank plea form do not show the specific plea terms or whether court exercised discretion; remand required	The plea‑agreement basis and presumption of regularity suffice; Thacker waived reporting and did not preserve an expanded record	Vacated sentence and remanded for resentencing. Court held the record is inadequate to determine whether the court merely enforced a plea agreement (which needs to be placed on the record) or exercised discretion (requiring on‑the‑record reasons).
Whether Thacker’s guilty plea was knowingly and voluntarily entered in compliance with Iowa R. Crim. P. 2.8(2)(6); and whether ineffective assistance claim can be resolved on direct appeal	Plea may not have been entered voluntarily/intelligently; record (blank plea terms, waived reporting) does not allow resolution or prejudice analysis	Argument that written plea waiver and presumption of regularity permit resolution on direct appeal	Issue reserved for postconviction relief. Court held the record is inadequate to resolve voluntariness or ineffective‑assistance on direct appeal and directed PCR for development of the factual record.

State v. Luedtke, 279 N.W.2d 7 (Iowa 1979) (appellate interference only for abuse of discretion when sentence within statutory maximum)
State v. Johnson, 476 N.W.2d 330 (Iowa 1991) (factors trial court must weigh in sentencing)
State v. Thompson, 856 N.W.2d 915 (Iowa 2014) (requirement that court develop sentencing record rests with court; plea‑based sentences still require clarity)
State v. Lumadue, 622 N.W.2d 302 (Iowa 2001) (boilerplate sentencing language insufficient under rule requiring reasons on the record)
State v. Snyder, 336 N.W.2d 728 (Iowa 1983) (when court merely implements parties’ agreed sentence, separate on‑the‑record reasons may not be required)
State v. Cason, 532 N.W.2d 755 (Iowa 1995) (same principle as Snyder regarding plea agreements)
State v. Matlock, 304 N.W.2d 226 (Iowa 1981) (harmless‑error approach when sentence is the least severe authorized)
State v. Alloway, 707 N.W.2d 582 (Iowa 2006) (discussed limitation on relying on defendant to create record when waiving reporting; later overruled by Thompson)
State v. Meron, 675 N.W.2d 537 (Iowa 2004) (written waiver of in‑court colloquy may be permitted but court must ensure plea is voluntary and factually supported)
State v. Philo, 697 N.W.2d 481 (Iowa 2005) (ineffective‑assistance claims about plea terms may require PCR to develop the record)