State v. Hagens

2025 Ohio 4989
Ohio Court of Appeals·Decided November 3, 2025·No. CA2024-07-045·Published·Cited by 1 cases

Opinion

[Cite as State v. Hagens, 2025-Ohio-4989.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

WARREN COUNTY

STATE OF OHIO, :

Appellee, : CASE NO. CA2024-07-045

: - vs - OPINION AND : JUDGMENT ENTRY 11/3/2025 TYLER JAMES HAGENS, :

Appellant. :

CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 23CR40505

David P. Fornshell, Warren County Prosecuting Attorney, and Kirsten A. Brandt, Assistant Prosecuting Attorney, for appellee.

Tyler James Hagens, pro se.

____________ OPINION

BYRNE, P.J.

{¶ 1} Appellant, Tyler Hagens, appeals the decision of the Warren County Court

of Common Pleas denying his Crim.R. 32.1 motion to withdraw his guilty pleas to one Warren CA2024-07-045

count of rape and eight counts of pandering sexually-oriented material involving a minor.

For the reasons outlined below, we affirm the trial court's decision.

I. Facts and Procedural History

{¶ 2} In April 2023, the Warren County Grand Jury returned an indictment

charging Hagens with four counts of first-degree felony rape, two of which alleged Hagens

purposely compelled the minor victim to submit by force or threat of force. Hagens was

also charged with two counts of attempted rape, eight counts of pandering sexually-

oriented matter involving a minor, and single counts of gross sexual imposition and

tampering with evidence. The charges of the indictment stemmed from Hagens' sexual

conduct with a seven-year-old victim, as well as his creation of videos of the sexual

assault and the distribution of those videos via text message. Hagens pleaded not guilty

to the offenses and the matter was set for a two-day trial.

{¶ 3} On August 15, 2023, instead of going to trial, Hagens entered into a plea

agreement with the State. Pursuant to that agreement, Hagens pleaded guilty to Count 2

of the indictment, i.e., the first-degree felony rape of a child by force or threat of force, as

well as all eight counts of pandering sexually-oriented material involving a minor.1 In

exchange, the remaining charges and specifications of the indictment were dismissed.

With regards to his sentence, the parties agreed Hagens would be designated a Tier III

Child Victim Sexual Offender and jointly recommended an aggregate sentence of life in

prison with the possibility of parole after 25 years.

{¶ 4} The trial court held a hearing regarding Hagens' change of plea. After

engaging Hagens in a full Crim.R. 11 plea colloquy, the trial court accepted Hagens' guilty

1.. Count 2 specifically alleged that Hagens "did engage in sexual conduct with another who was not the spouse of the offender, whose age at the time of the said sexual conduct was less than thirteen years of age, to wit: 7, whether or not the offender knew the age of the victim in violation of Ohio Revised Code 2907.02(A)(1)(b) . . . FURTHERMORE, [Hagens] purposely compelled the victim to submit by force or threat of force." -2- Warren CA2024-07-045

plea upon finding he entered the plea knowingly, intelligently, and voluntarily. The trial

court proceeded to sentencing and imposed the prison term jointly recommended by

Hagens and the State. A judgment entry reflecting Hagens' convictions and sentence was

entered by the trial court the same day.

{¶ 5} Approximately five months later, Hagens appealed from the trial court's

August 15, 2023 judgment entry. The trial court appointed new counsel to represent

Hagens on appeal.

{¶ 6} A few months later, in March 2024, Hagens filed a pro se motion to withdraw

his guilty plea. The following day, the trial court issued an entry and order indicating it was

divested of jurisdiction to rule on any pending motions during the pendency of Hagens'

appeal. Based upon this lack of jurisdiction, the trial court held Hagens' motion in

abeyance until the conclusion of his direct appeal.

{¶ 7} Thereafter, Hagens' appellate counsel moved this court to voluntarily

dismiss Hagens' direct appeal. On April 15, 2024, this court granted counsel's motion and

dismissed Hagens' appeal with prejudice.

{¶ 8} On April 25, 2024, Hagens filed a second pro se motion to withdraw his

guilty plea. In his motion, Hagens argued his plea was not made knowingly, voluntarily,

or intelligently, and therefore, should be withdrawn. In support, Hagens claimed his trial

counsel was ineffective in failing to reasonably investigate voluntary intoxication as an

affirmative defense to the rape charge. Hagens also argued he was not given adequate

time to review the nature of his plea and that his convictions for pandering sexually-

oriented matter involving a minor were allied offenses of similar import, and should have

merged for sentencing. Hagens did not attach to his motion to withdraw his plea any

affidavit or other authenticated evidence to support his arguments. Thus, Hagens pointed

to no evidence outside the record that would arguably support his motion.

-3- Warren CA2024-07-045

{¶ 9} After consideration, the trial court on June 11, 2024, issued a decision and

entry denying Hagens' motion without a hearing. In its decision, the trial court found that

Hagens' arguments were barred by res judicata. Then, assuming for the sake of argument

that Hagens' motion to withdraw plea was not barred by res judicata, the court further

found that Hagens had otherwise failed to set forth sufficient operative facts to establish

substantive grounds for the relief he requested.

{¶ 10} Hagens moved the trial court to reconsider its decision, attaching two

documents. First, Hagens attached an affidavit in which he stated that he met with

recovery services while incarcerated. Second, Hagens attached a December 2022

American Addiction Centers article titled "Dangers of Mixing Xanax and Alcohol" which

discussed the side effects of Xanax use.

{¶ 11} On July 2, 2024, the trial court denied Hagens' motion to reconsider without

holding a hearing.

II. The Appeal

{¶ 12} Hagens appealed from the trial court's June 11, 2024 decision and entry

denying his motion to withdraw plea, raising three assignments of error for this court's

review. Because they are interrelated, we will discuss Hagens' assignments of error

together.

{¶ 13} Hagens' Assignment of Error No. 1 states:

THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT REFUSED TO CONSIDER THE FACTUAL OPERATIVE EVIDENCE THAT SUPPORTS THE WITHDRAWAL OF THE GUILTY PLEA.

{¶ 14} Hagens' Assignment of Error No. 2 states:

TRIAL COURT ERRED AND VIOLATED APPELLANT'S RIGHTS TO DUE PROCESS, BY FAILING TO STRICTLY COMPLY WITH CRIM. R. 11 AND ACCEPTED HIS PLEA AS KNOWING, INTELLIGENT, AND VOLUNTARY.

-4- Warren CA2024-07-045

{¶ 15} Hagens' Assignment of Error No. 3 states:

THE TRIAL COURT ABUSED ITS DISCRETION BY DENYING APPELLANT'S MOTION TO WITHDRAW PLEA WITHOUT A HEARING.

{¶ 16} In each of his three assignments of error, Hagens argues the trial court

abused its discretion by denying his motion to withdraw his guilty plea without holding a

hearing.

A. Standard of Review

{¶ 17} Pursuant to Crim.R. 32.1, "[a] motion to withdraw a plea of guilty or no

contest may be made only before a sentence is imposed; but to correct manifest injustice

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