State v. Washington, 2011 Ohio 6600

Indicted April 21, 2009 for aggravated robbery with gun spec, grand theft, and having weapons while under disability; pled not guilty.
The weapon-under-disability charge was dismissed and grand theft amended from a fourth- to a fifth-degree felony over Washington’s objection.
A jury found Washington guilty of aggravated robbery with the gun spec and theft, with sentences of four years and 12 months, to be served concurrently with the gun-spec term.
On remand (2010) the allied-offenses issue prompted resentencing; Washington was sentenced to a total seven years (four for aggravated robbery plus three for the gun spec).
Washington appealed, pursuing an Anders brief and one merit issue about sentencing as a first-degree felony; the court ultimately overruled the assignment and affirmed the conviction and sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was sentencing for aggravated robbery as a first-degree felony proper?	Washington contends the verdict form failed to state the degree or aggravating elements.	State argues the issue is barred by res judicata and the form was not deficient.	Assignment overruled; conviction and sentence affirmed.

State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata framework for final judgments in criminal appeals)
State v. Pelfrey, 112 Ohio St.3d 422 (2007) (verdict form sufficiency under Pelfrey standards)
Brott v. Green, 2003-Ohio-1592 (2003) (res judicata and procedural bar considerations in appeal)