Court of Appeals of Ohio, Third District, Defiance
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
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.
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.
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.
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
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.
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.
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.
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
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.
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 ...