State v. Beal, 2011 Ohio 6699

Beal was convicted of aggravated robbery with a firearm specification in 2007 and sentenced to consecutive terms totaling twelve years.
Beal appealed; this court affirmed in 2008, then Beal sought a revised judgment entry arguing Crim.R. 32(C) and Baker deficiencies.
The court issued an alternative writ; on remand Beal was resentenced in 2010 to nine years for aggravated robbery and three years for the firearm specification, with restitution of $312.05 and a potential handling fee discussed.
The revised entry later imposed a five-percent handling fee, which Beal had not been ordered to pay in 2007; the fee was at issue on appeal.
Beal separately challenged the weight and sufficiency of the evidence for aggravated robbery and argued about court costs and post-release control.
The court held that, under Lester, the original 2007 judgment was final and finality barred Beal’s challenges to restitution, costs, and sufficiency/weight, but sustained the fee error and vacated the fee portion of the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether restitution was properly imposed given Beal's ability to pay	Beal	Beal	Barred by res judicata
Whether a five-percent handling fee can be imposed on restitution	State	Beal	Fee improper; vacated
Whether court costs were properly imposed and whether Beal was notified about possible community service	Beal	Beal	Barred by res judicata
Whether the weight and sufficiency of the evidence support aggravated robbery conviction	Beal	Beal	Barred by res judicata

State v. Lester, 2011-Ohio-5204 (Ohio Supreme Court, 2011) (finality of judgment entry; Crim.R. 32(C) form requirement)
State v. Lunsford, 193 Ohio App.3d 195 (2011-Ohio-964) (defendant may challenge re-sentencing issues; forfeiture caveat)
State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (finality and timely challenge to conviction and related errors)