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State v. Hagerman

Court of Appeals of Ohio, Third District, Defiance

December 16, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
CARL M. HAGERMAN, DEFENDANT-APPELLANT. STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
CARL M. HAGERMAN, DEFENDANT-APPELLANT.

          Appeals from Defiance County Common Pleas Court Trial Court Nos. 18-CR-13026, 18-CR-13111

          Timothy C. Holtsberry for Appellant

          Russell R. Herman for Appellee

          OPINION

          SHAW, J.

         {¶1} Defendant-appellant, Carl Hagerman ("Hagerman"), brings these appeals from the July 8, 2019, judgments of the Defiance County Common Pleas Court denying Hagerman's post-sentence motions to withdraw his guilty pleas in trial court case numbers 18CR13026 and 18CR13111. On appeal, Hagerman argues that the trial court erred in denying his motions to withdraw his guilty pleas because he claims there was a violation of his statutory speedy trial rights.

         Background

         {¶2} On January 26, 2018, Hagerman was indicted in trial court case 18CR13026 for Trafficking in Cocaine in violation of R.C. 2925.03(A)(1)/(C)(4)(c), a felony of the fourth degree, and Trafficking in Cocaine in violation of R.C. 2925.03(A)(1)/(C)(4)(d), a felony of the third degree. The first count alleged that Hagerman sold 6.11 grams of cocaine to a confidential informant ("CI") on Nov 30, 2017, and the second count alleged that Hagerman then sold 11.32 grams of cocaine to a CI on December 7, 2017. After an attorney was appointed for him, Hagerman proceeded to arraignment wherein he pled not guilty to the charges. At that time, he was released on his own recognizance. A pretrial hearing was scheduled for March 15, 2018.

         {¶3} Hagerman failed to appear for the March 15, 2018, pretrial hearing and a bench warrant was issued for his arrest. Hagerman was then indicted in trial court case 18CR13111 for Failure to Appear in violation of R.C. 2937.99(A), a felony of the fourth degree.

         {¶4} After Hagerman was located, on June 11, 2018, Hagerman made an initial appearance on the newly filed 18CR13111 case. The same attorney that represented Hagerman in trial court case 18CR13026 was appointed to represent him. Hagerman pled not guilty to the Failure to Appear charge. The court set bond and another pretrial hearing was scheduled on both cases.[1]

         {¶5} On July 2, 2018, a pretrial hearing was held wherein Hagerman requested on the record to have a new attorney appointed for him. He stated that he was unsatisfied with his attorney for not being able to secure electronic home monitoring and for failing to get the State to change its plea offer. The trial court then attempted to appoint an attorney who was next on the court's appointment list, but Hagerman rejected the attorney, stating that the proposed attorney was not a good lawyer and that the proposed attorney had failed to catch a statutory speedy trial issue in one of Hagerman's prior cases. The trial court then went to the next person on the list and appointed Hagerman a new attorney.

         {¶6} After being appointed, Hagerman's new attorney filed inter alia, a discovery demand; however, upon receiving discovery, the attorney filed a motion to withdraw as counsel because she realized she represented the CI. The trial court granted the motion to withdraw and appointed another new attorney.

         {¶7} On September 5, 2018, a hearing was held on both indictments. At the hearing, the parties advised the trial court that a plea agreement had been reached. Pursuant to the agreement, Hagerman would plead guilty to all three counts against him in both pending indictments. In exchange, the State agreed to a joint sentencing recommendation of an aggregate forty-eight month prison term. In addition, the State agreed not to oppose an "OR" bond while a presentence investigation was prepared for sentencing.

         {¶8} A Criminal Rule 11 dialogue was conducted, and the trial court determined that Hagerman was entering knowing, intelligent, and voluntary pleas. Hagerman expressly stated that he was satisfied with his attorney, and that no promises had been made to him other than those that were recited on the record. A factual basis for the charges was read into the record, Hagerman admitted that the facts were true when asked by the trial court, and the trial court then found him guilty. The trial court set sentencing for a later date and ordered a presentence investigation, though the trial court cautioned Hagerman that he had a history of failing to appear for hearings and that if he did not attend his sentencing hearing, he could face a harsher sentence and/or additional charges. Hagerman stated that he understood. Sentencing was set for October 30, 2018, and Hagerman was released on his own recognizance.

         {¶9} On October 30, 2018, the matter proceeded to sentencing but Hagerman did not appear. A bench warrant was issued for his arrest. Although unrelated to the appeals before us, Hagerman was indicted in trial court case 18CR13372 for two counts of Failure to Appear, both fourth degree felonies.

         {¶10} On January 23, 2019, Hagerman's then-current attorney filed a motion to withdraw as counsel indicating that Hagerman failed to appear for the sentencing hearing and the attorney had been unable to contact ...


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