Ohio Rev. Code Ann. § 2953.08

Section 2953.08(A)(4) permits review of alleged felony sentencing errors, but errors that could have been raised on direct appeal are barred by res judicata.

State v. Beach · filed 2012-03-30(A)(4)

Any such error should have been raised in a first appeal of right. Again, no such appeal was made and, thus, the doctrine of res judicata bars appellant from raising any such alleged errors.

Section 2953.08(A) limits an appeal of a nonmaximum felony sentence in these circumstances to a claim that the sentence is contrary to law.

State v. Davis · filed 2017-09-07(A)

Because Davis’s nine-year sentence for a felony of the first degree was not a maximum sentence, pursuant to R.C. 2953.08(A), the only potentially viable avenue of review here would be arguing that the sentence is contrary to law.

For multiple offenses arising from a single incident, § 2953.08(A)(1) permits a maximum-sentence appeal when the court imposed the maximum prison term for the highest-degree offense.

State v. Pawlak · filed 2016-09-22(A)(1)(b)

Finally, we note that appellant’s reliance on R.C. 2953.08(A)(1) is misplaced. Appellant’s aggravated robbery convictions were the offenses of the highest degree, and the trial court did not impose the maximum prison term for these first-degree felonies.

Section 2953.08 gives a defendant the right to appeal a sentence that is contrary to law.

State v. Trotter · filed 2014-08-21

The trial court’s statement was incorrect because a defendant has a right to appeal a sentence that is contrary to law pursuant to R.C. 2953.08, however, no prejudice can be shown because Trotter timely filed his appeal, a transcript was provided at the state’s expense, and counsel was appointed.

Under § 2953.08(G)(2)(b), a sentence within the statutory range is not clearly and convincingly contrary to law when the sentencing court considers the required sentencing factors.

State v. Rowe · filed 2014-09-19(G)(2)(b)

Since Rowe’s sentence is not clearly and convincingly contrary to law, his second assigned error is wholly frivolous, and it is overruled.

Section 2953.08(A)(4) permits a defendant to appeal a felony sentence as of right on the ground that it is contrary to law.

State v. Wright · filed 1997-03-18(A)(4)

We agree. Appellant may appeal his sentence on the basis that it is contrary to law.

Section 2953.08(A) provides an appeal of right when the maximum prison term is imposed for the highest-degree offense among two or more offenses arising from the same incident.

State v. Brewer, Unpublished Decision (1-28-1998) · filed 1998-01-28(A)

R.C. 2953.08 (A) provides an appeal of right when the maximum prison term is imposed for an offense of the highest degree when two or more offenses arise out of the same incident. Both of the counts to which Brewer pled guilty arose from the same incident and Brewer was sentenced to the maximum on both counts. Thus, Brewer has an appeal of right.

Section 2953.08(A)(1) does not provide an appeal as of right from a second degree felony sentence below the statutory maximum.

State v. Cruz, Jr., Unpublished Decision (2-27-1998) · filed 1998-02-27(A)(1)

Appellant has no appeal as of right from a sentence which is less than the maximum eight year prison term set for a second degree felony. R.C. 2953.08 (A)(1).

Section 2953.08(A)(2) does not give a defendant convicted of a fifth degree felony an appeal as of right from a prison sentence when the sentencing court specifies that it found a factor listed in section 2929.13(B)(1).

State v. Foster, Unpublished Decision (3-16-1998) · filed 1998-03-16(A)(2)

Rather, R.C. 2953.08 provides when an appellant, convicted of a fifth degree felony, may appeal as a matter of right. ... Therefore, appellant did not have the right, as a matter of law, to appeal his sentence to this Court.

Section 2953.08(A)(2) does not provide an appeal of a sentence as a matter of right when the sentencing court finds at least one R.C. 2929.13(B) factor applicable.

State v. Lowe, Unpublished Decision (4-8-1998) · filed 1998-04-08(A)(2)

Thus, as provided in R.C. 2953.08 (A)(2), because the court found at least one of the factors in R.C. 2929.13 (B) applicable, defendant is not even entitled to appeal her sentence as a matter of right.

Section 2953.08(A)(1)(a) authorizes an appeal as of right from a sentence imposing the maximum prison term for a single offense.

State v. Carrabotta, Unpublished Decision (5-20-1999) · filed 1999-05-20(A)(1)(a)

We agree with appellant that R.C. 2953.08 (A)(1)(a) authorized this appeal as of right at least as to the sentence imposing the maximum prison, term allowed under R.C. 2929.14 (A) for a single offense, and that the trial court mistakenly relied on R.C. 2953.08 (A)(2) when it refused to advise the appellant of his appeal rights.

Section 2953.08(A)(4) permits an appeal as of right when a defendant claims that required findings were omitted before consecutive sentences were imposed.

State v. Nyberg, Unpublished Decision (6-21-1999) · filed 1999-06-21(A)(4)

R.C. 2953.08 (A)(4) provides an appeal of right when the sentence is "contrary to law." When a defendant claims that a trial court failed to make the necessary findings before imposing consecutive sentences, the sentences imposed are arguably contrary to law, and the defendant has an appeal as a matter of right under R.C. 2953.08 .

Section 2953.08(A)(4) allows an appeal of right from a sentence contrary to law even when the conditions for appealing a maximum term under subsection (A)(1) are absent.

State v. Jamieson, Unpublished Decision (11-2-1999) · filed 1999-11-02(A)(4)

While we would agree appellant was sentenced on more than one offense, neither of which arose out of a single incident, appellant also claims imposition of the maximum sentence was contrary to law. If correct, appellant has an appeal of right pursuant to R.C. 2953.08 (A)(4). ... As such the sentence is contrary to law.

Section 2953.08 limits the grounds for appealing a felony sentence; a challenge to a nonmaximum escape sentence based on alleged noncompliance with section 2929.12 falls outside those grounds.

State v. Whitten, Unpublished Decision (7-16-1999) · filed 1999-07-16

R.C. 2953.08 limits the grounds upon which a felony sentence may be appealed. In this case, appellant essentially argues that the trial court failed to comply with the statutory requirements of R.C. 2929.12 . However, appellant's sentence of three years is not a maximum sentence for the escape conviction and appellant's appeal does not fall within any of the grounds for appeal found in R.C. 2953.08 .

Section 2953.08(A)(1) through (5) provides five independent grounds for appealing a felony sentence.

State v. Beasley · filed 1999-09-17(A)(1)–(5)

Contrary to the view expressed in the concurring opinion, R.C. 2953.08(A)(1) through (5) state five differing, and independent, grounds for appeal.

Section 2953.08(A)(2) permits an appeal of a fourth- or fifth-degree felony prison sentence when the trial court made no finding under R.C. 2929.13(B)(1), even if the prison term was mandatory.

State v. Soifer, Unpublished Decision (9-24-1999) · filed 1999-09-24(A)(2)

The fact that the trial court was not required to make findings under R.C. 2929.13 (B) because Soifer was subject to a mandatory prison term does not negate the right of appeal granted him under R.C. 2953.08 (A) (2). If the trial court had found one of R.C. 2929.13 (B)'s eight factors to be applicable, Soifer's right of appeal under R.C. 2953.08 (A) (2) would have been abrogated.

Section 2953.08(A)(2) provides no ground to appeal a fifth-degree felony prison term for missing findings when the trial court made the required findings.

State v. Walker, Unpublished Decision (3-15-2000) · filed 2000-03-15(A)(2)

The record demonstrates that the trial court made the necessary findings pursuant to R.C. 2929.13 (B) for imposition of a prison term for the felony of the fifth degree, and Walker has not challenged those findings. Accordingly, Walker has no right, under R.C. 2953.08 , to appeal the sentence imposed for escape. See R.C. 2953.08 (A)(2).

Section 2953.08(A)(4) allows a defendant to appeal a sentence as a matter of right on the ground that it is contrary to law.

State v. Scruggs, Unpublished Decision (4-26-2000) · filed 2000-04-26(A)(4)

R.C. 2953.08 (A)(4) is the only subsection that might apply in this case to allow Scruggs to appeal his sentence. Under that subsection, Scruggs may appeal his sentence on the ground that his sentence was "contrary to law."

Section 2953.08(A)(1)(a) gives a defendant sentenced to the maximum prison term for a single felony offense the right to appeal that sentence.

State v. Rowland · filed 2000-07-14(A)(1)(a)

Because Rowland was sentenced to the maximum prison term for a single felony offense, he was entitled to appeal the imposition of that sentence as a matter of right under R.C. 2953.08(A)(1)(a).

Section 2953.08(A) gives a defendant no right to appeal a felony sentence when the defendant asserts none of its listed grounds for appeal.

State v. Gracyk, Unpublished Decision (6-30-2000) · filed 2000-06-30(A)

In sentencing appellant to two years imprisonment, the trial court did not give him the maximum sentence. Accordingly, pursuant to R.C. 2953.08 (A), appellant has no right to challenge his sentence on appeal. In reaching this conclusion, we note that appellant does not challenge his sentence pursuant to any of the grounds listed in R.C. 2953.08 (A).

Section 2953.08(A)(4) permits review of a felony sentence as contrary to law when the sentencing justification is erroneous, the prison term conflicts with statutory sentencing purposes, or the offender is amenable to community control sanctions.

State v. Parker, Unpublished Decision (7-5-2000) · filed 2000-07-05(A)(2), (A)(4)

Therefore, under R.C. 2953.08 (A)(2), appellant's appeal is not one of right but is pursuant to R.C. 2953.08 (A)(4) that is, it is contrary to law. A sentence is contrary to law if the finding of justification is erroneous, the prison sentence is not consistent with the purposes and principles of R.C. 2929.11 or the offender is amenable to community control sanctions.

Section 2953.08(A) provides independent grounds for appealing a felony sentence, so the absence of one ground does not foreclose an appeal under another.

State v. Huff, Unpublished Decision (11-20-2000) · filed 2000-11-20(A)

We join the growing list of appellate courts which have interpreted the grounds for appeal under R.C. § 2953.08 (A)(1)-(5) as independent and separate grounds for appeal, and not as mutually exclusive provisions.

Section 2953.08 does not permit a defendant to appeal a prison sentence that is shorter than the maximum term.

State v. Barnes, Unpublished Decision (8-10-2000) · filed 2000-08-10(A)(1)

In this case, the court sentenced Barnes to a term of seven years, which is not the maximum sentence. In accordance with R.C. 2953.08 , Barnes is not permitted to appeal his sentence.

A defendant appealing a sentence that is not the maximum term under § 2953.08(A) must show that the sentence is contrary to law.

State v. Walker · filed 2000-09-29(A)

In order to appeal his sentence pursuant to R.C. 2953.08(A), Walker, who was not given a maximum term, must show that the sentence is contrary to law, not an abuse of discretion.

Section 2953.08(A)(4) does not allow an appeal as of right based solely on an abuse of discretion when the sentencing court applied the statutory criteria and its findings are supported by the record.

State v. Martin · filed 2000-11-27(A)(4)

Where the trial court applies the statutory criteria and principles under the sentencing guidelines, and its findings are supported by the record, the decision to impose a specific term within those guidelines is discretionary and not subject to appellate review as being contrary to law.

Section 2953.08(A)(1) gives an offender a right to appeal a maximum prison term imposed for a single felony offense.

State v. McDaniels, Unpublished Decision (3-8-2001) · filed 2001-03-08(A)(1)

This point, however, should have been made upon direct appeal from the sentence, not through a motion to modify the sentence. In pertinent part, R.C. 2953.08 (A)(1) specifically grants an offender who has been convicted of or pleaded guilty to a felony the right to appeal from a sentence imposed under R.C. 2919.14 (A) when that sentence consisted of or included the maximum prison term allowed and the sentence was imposed for only one offense.

Section 2953.08 does not explicitly require a judge to inform a convicted defendant of the right to appeal.

State v. Boyko, Unpublished Decision (4-2-2001) · filed 2001-04-02

In the present case it is not clear that, under R.C. 2953.08 , King must be notified of his right to appeal because that statute does not explicitly require a judge to so inform a convicted defendant.

Section 2953.08(A)(5) permits an appeal as of right from a repeat-violent-offender specification only when the additional prison term is ten years.

State v. Watson, Unpublished Decision (5-30-2001) · filed 2001-05-30(A)(5)

But, R.C. 2953.08 (A)(5) provides that a defendant who is sentenced for a repeat-violent-offender specification may only appeal his sentence as a matter of right where it consists of an additional prison term of ten years. Because Watson did not receive the maximum term of ten years for the specification, he has no right to appeal that aspect of his sentence.

Section 2953.08(A)(1)(a) gives a defendant an appeal of right from a maximum prison term imposed for a single offense when the other statutory conditions are met.

State v. Patrick, Unpublished Decision (6-8-2001) · filed 2001-06-08(A)(1)(a)

Our review of the record shows that appellant was given the maximum sentence for his crime, and that he was sentenced for only one offense. Pursuant to the above quoted statutory provisions, therefore, appellant has an appeal of right regarding his sentence.

Section 2953.08(A)(1) permits an appeal as of right from maximum sentences for multiple offenses only if the offenses arose from a single incident; otherwise, the appellate court lacks jurisdiction to review that challenge.

State v. Stillgess, Unpublished Decision (07-13-2001) · filed 2001-07-13(A)(1)

Unless its predicate terms are satisfied, this court lacks jurisdiction to review a final order from which an appeal is taken with respect to error founded on any of the grounds identified in R.C. 2953.08 (A)(1). Defendant's argument that the trial court misapplied R.C. 2929.14 (C) when it imposed his maximum sentences is one of those grounds. Because his offenses do not conform to the predicate requirement of R.C. 2953.08 (A)(1)(a) or (b), we lack jurisdiction to review the error assigned.

Section 2953.08(A)(4) permits an appeal as of right when a felony sentence is contrary to law, including when the sentencing court fails to follow required procedures or make necessary findings.

State v. Watkins, Unpublished Decision (8-31-2001) · filed 2001-08-31(A)(4)

We agree with the State that the defendant has a right of appeal in this case only if the sentence imposed by the trial court is contrary to law because the two offenses in this case did not arise out of the same incident. "Contrary to law" includes the failure to follow statutory procedures for felony sentencing or to make the necessary findings.

A claim that the trial court abused its discretion in choosing a prison term does not specifically fit the felony sentence appeal grounds in divisions (A), (B), or (C).

State v. Gilmer, Unpublished Decision (10-5-2001) · filed 2001-10-05(A), (B), (C)

We note that the grounds for appeal in this case do not specifically fit within division (A), (B), or (C) of R.C. 2953.08 .

Section 2953.08(A)(2) bars an appeal as of right from a less-than-maximum prison term for a fifth-degree felony when the trial court identifies an applicable factor under section 2929.13(B)(1)(a) to (i).

State v. Riley, Unpublished Decision (10-24-2001) · filed 2001-10-24(A)(2)

It appearing to the Court that the trial court has satisfied the requirements of R.C. 2953.08 (A)(2) by having identified one or more factors specified in R.C. 2929.13 (B)(1)(a) to (i) as applicable to the appellant, the appellant is barred from pursuing an appeal as of right for the imposition of a less-than-maximum prison term for his fifth-degree felony conviction.

Section 2953.08(A)(1) gives a defendant an appeal as of right from a maximum prison term imposed for a single felony offense.

State v. Bake, Unpublished Decision (12-11-2001) · filed 2001-12-11(A)(1)

Since the trial court sentenced appellant to the maximum prison term allowed for the offense and the sentence was imposed for only one offense, appellant has an appeal of right under R.C. 2953.08 (A)(1).

Section 2953.08(A)(1) does not permit an appeal challenging a maximum prison term when that term is mandatory.

State v. McCoy, Unpublished Decision (11-9-2001) · filed 2001-11-09(A)(1)

Hence, the imposition upon the appellant of the maximum sentence of confinement for cocaine possession is not subject to challenge on appeal. See R.C. 2953.08 (A)(1).

Section 2953.08(A)(2) bars an appeal of a prison term for a fourth- or fifth-degree felony when the trial court specifies that it found an applicable factor under section 2929.13(B)(1).

State v. Riley, Unpublished Decision (12-14-2001) · filed 2001-12-14(A)(2)

R.C. 2953.08 (A)(2) provides that a defendant may not appeal a prison term imposed for a fourth- or fifth-degree felony, or for a felony drug offense, if the trial court specifies that it has found one or more of the factors in R.C. 2929.13 (B)(1)(a) through (i) to be applicable. Because the trial court identified that Riley had previously served a prison term, see R.C. 2929.13 (B)(1)(g), and did not impose the maximum sentence for the kidnapping, the offense of higher degree, see R.C. 2953.08 (A)(1)(b), review of the disability sentence is precluded.

Section 2953.08(A)(2) limits an appeal challenging the imposition of a prison term for a fourth-degree felony when the trial court makes the required finding, but does not bar review of the sentence’s length as contrary to law.

State v. Hollingshead, Unpublished Decision (12-19-2001) · filed 2001-12-19(A)(2)

As interpreted by the state, R.C. 2953.08 (A)(2) denies Hollingshead the right to challenge his sentence for a fourth-degree felony on any grounds if the trial court made the requisite finding. We disagree with the state's broad interpretation of R.C. 2953.08 (A)(2). We have jurisdiction to review the length of Hollingshead's sentence under R.C. 2953.08 (4), which provides for appellate review of any sentence that is contrary to law.

The grounds for appealing a felony sentence under § 2953.08(A) are independent; a defendant who cannot appeal under (A)(2) may still appeal a sentence as contrary to law under (A)(4).

State v. Price, Unpublished Decision (12-31-2001) · filed 2001-12-31(A)

However, this court has interpreted the grounds for appeal under R.C. 2953.08 (A)(1)-(6) as independent and separate provisions, rather than as mutually exclusive provisions.

Section 2953.08(A)(4) permits an appeal as of right when a defendant challenges consecutive sentences as contrary to law, even if their total exceeds the maximum term for the most serious offense.

State v. Hanson, Unpublished Decision (3-22-2002) · filed 2002-03-22(A)(4)

At first glance, it appears that R.C. 2953.08 (C) and its leave requirement applies to appellant's appeal. Upon a closer review of appellant's argument, we conclude that appellant's appeal is more accurately classified as an appeal as of right pursuant to R.C. 2953.08 (A)(4) which states: "In addition to any other right to appeal and except as provided in division (D) of this section, a defendant who is convicted of or pleads guilty to a felony may appeal as a matter of right the sentence imposed upon the defendant on one of the following grounds: "* * * "The sentence is contrary to law."

Section 2953.08(A)(4) permits an appeal challenging the evidentiary support for a trial court’s findings when it imposes a felony sentence.

State v. Johnson, Unpublished Decision (5-23-2002) · filed 2002-05-23(A)(4)

On this basis, and until the Ohio General Assembly or the Ohio Supreme Court declares otherwise, we hold that an appeal may be brought under R.C. 2953.08 (A)(4) to challenge the evidentiary foundation for a trial court's findings in support of imposing a particular sentence.

Section 2953.08(A)(2) precludes review of a nonmaximum, nonconsecutive prison term for a fifth-degree felony when the trial court finds an applicable factor under R.C. 2929.13 (B)(1).

State v. Vega, Unpublished Decision (6-5-2002) · filed 2002-06-05(A)(2)

Other than the imposition of a maximum prison term or consecutive sentences, a defendant is not entitled to appeal, nor are we permitted to review, the imposition of a prison term for a fifth-degree-felony if the trial court has specified that it has found one or more of the factors in R.C. 2929.13 (B)(1)(a) through (i) to be applicable. See R.C. 2953.08 (A)(2). Because the trial court concluded from the presentence investigation that these offenses were committed while Vega was under various community-control sanctions, see R.C. 2929.13 (B)(1)(h), review of these non-consecutive, non-maximum-term sentences is precluded.

Section 2953.08(A)(2) precludes an appeal of certain felony prison terms when the trial court specifies that it found a factor listed in R.C. 2929.13(B)(1).

State v. Johnson, Unpublished Decision (7-3-2002) · filed 2002-07-03(A)(2)

R.C. 2953.08 (A)(2) provides that a defendant may not appeal a prison term imposed for a fourth-degree or a fifth-degree felony or for a felony drug offense if the trial court has specified that it has found one or more of the factors in R.C. 2929.13 (B)(1)(a) through (i) to be applicable. Having previously served a prison term is one of the factors listed under R.C. 2929.13 (B)(1). The trial court marked on the felony-sentencing worksheet, among other findings, that Johnson had previously served a prison term. As a result, our review of Johnson's sentence on the basis that he argues is necessarily precluded.

A defendant who pleads guilty to a felony may appeal a sentence as of right if it is contrary to law, even if the defendant does not qualify to appeal under the provision addressing maximum sentences.

State v. South, Unpublished Decision (7-12-2002) · filed 2002-07-12(A)(4)

R.C. 2953.08 (A)(4) provides that a defendant who pleads guilty to a felony may appeal as a matter of right the sentence imposed upon the defendant if the sentence is contrary to law. Thus, even though appellant may not meet the requirements found in R.C. 2953.08 (A)(1) specifically dealing with maximum sentences, he is still entitled to an appeal as of right under R.C. 2953.08 (A)(4).

Section 2953.08 permits an offender to appeal a maximum prison term and permits reversal when clear and convincing evidence shows the sentence is contrary to law or unsupported by the record.

State v. Bragenzer, Unpublished Decision (9-30-2002) · filed 2002-09-30(G)(1)(a), (d)

An offender who has received a maximum term of imprisonment has a statutory right to appeal that sentence. See R.C. 2953.08 . An appellate court may not reverse the sentence imposed by the trial court unless the court finds, by clear and convincing evidence, that the sentence is contrary to law or unsupported by the record. See R.C. 2953.08 (G)(1)(a) and (d); see, also, State v. Goff (June 30, 1999), Washington App. No. 98CA30.

Section 2953.08(A)(2) does not entitle a defendant to appeal a prison term when the trial court found that the defendant had previously served a prison term.

State v. Dixon, Unpublished Decision (1-29-2003) · filed 2003-01-29(A)(2)

Further, Dixon is not entitled to appeal the imposition of his prison term because, pursuant to R.C. 2953.08 (A)(2), the trial court found that he had previously served a prison term.

Section 2953.08(A)(2) permits a defendant to appeal a prison sentence for a fourth degree felony when the sentencing court fails to specify an applicable factor under § 2929.13(B)(1).

State v. Tressler, Unpublished Decision (3-14-2003) · filed 2003-03-14(A)(2)

Pursuant to R.C. 2953.08 (A)(2), a defendant may appeal a prison sentence imposed for a fourth degree felony if "the court did not specify at sentencing that it found one or more factors specified in division (B)(1)(a) to (i) of section 2929.13 * * * to apply relative to the defendant. * * *"

Section 2953.08(A)(2) permits an appeal as of right from a prison sentence for a fourth- or fifth-degree felony only if the sentencing court did not specify that a factor under § 2929.13(B)(1)(a) to (i) applies.

State v. Rostorfer, Unpublished Decision (2-26-2004) · filed 2004-02-26(A)(2)

Pursuant to R.C. 2953.08 (A)(2) a person who receives a prison sentence for a felony of the fourth or fifth degree may only appeal as of right the imposition of the prison sentence if the "trial court did not specify at sentencing that it found one or more factors specified in division (B)(1)(a) to (i) of Section 2929.13 of the Revised Code to apply relative to the defendant. If the court specifies that it found one or more of the factors to apply relative to the defendant, the defendant is not entitled under this division to appeal as a matter of right the sentence imposed upon the offender."

Section 2953.08(A)(2) does not give a defendant an appeal as of right when the sentencing court found an applicable R.C. 2929.13(B)(2) factor for a fourth or fifth degree felony.

State v. Wolfe, Unpublished Decision (6-10-2004) · filed 2004-06-10(A)(2)

Pursuant to R.C. 2953.08 (A)(2), if the court found at sentencing for a fourth or fifth degree felony that one of the R.C. 2929.13 (B)(2) factors applied, then the defendant is not entitled under such division to appeal as a matter of right his sentence.

Section 2953.08 does not permit an appeal as of right from a nonmaximum sentence for a second degree felony based on the trial court’s refusal to overcome the presumption of prison.

State v. Barton, Unpublished Decision (6-11-2004) · filed 2004-06-11

The statute does not provide an appeal as of right in this circumstance, nor does the "contrary to law" provision require each and every sentence be subjected to review under the guidelines. ... Here, appellant was convicted of a second degree felony and was not given the maximum sentence; therefore, his appeal is not permitted by R.C. 2953.08 .

Section 2953.08 does not permit an appeal or appellate review based solely on a claim that a sentence is too harsh or an abuse of discretion.

State v. Cochran, Unpublished Decision (8-6-2004) · filed 2004-08-06(A), (G)

Defendant's contention amounts to a claim that the sentence imposed was simply too harsh. That is, essentially, an abuse of discretion claim, which is not a proper ground for appeal of a sentence, R.C. 2953.08 (A), or a matter for which R.C. 2953.08 (G) permits appellate review.

A defendant may appeal a felony sentence as contrary to law under subsection (A)(4) by arguing that the trial court failed to comply with Ohio felony sentencing laws.

State v. Altalla, Unpublished Decision (8-10-2004) · filed 2004-08-10(A)(4)

In accord with the second method in Short, this court has held that, when a defendant's argument on appeal is essentially that the trial court erred by not complying with Ohio felony sentencing laws, the defendant has appealed on the ground that his sentence is contrary to law pursuant to R.C. 2953.08 (A)(4). See State v. Price, Franklin App. No. 03AP-459, 2004-Ohio-1223, at ¶ 10. Therefore, appellant's appeal has been properly brought under R.C. 2953.08 (A)(4), and we may address the merits of appellant's assignment of error.

Section 2953.08(A)(2) bars an appeal of a fifth degree felony prison sentence when an applicable organized criminal activity factor supports the sentence.

State v. Padilla-Montano, Unpublished Decision (10-22-2004) · filed 2004-10-22(A)(2)

Upon consideration of the foregoing, the record supports a finding that appellant participated in organized criminal activity, i.e., the sale of cocaine. Accordingly, pursuant to R.C. 2953.08 (A)(2), appellant may not appeal the 11-month sentence for a fifth degree felony.

Section 2953.08(A)(4) permits an appeal as of right when a defendant claims a sentence is contrary to law because the record does not support a sentencing finding.

State v. Coran, Unpublished Decision (12-10-2004) · filed 2004-12-10(A)(4)

Finally we disagree with the State that Coran could not appeal the sentence imposed by the trial court. He contended the trial court's sentence was "contrary to law" because there was insufficient evidence to support the trial court's finding. Pursuant to R.C. 2953.08 , Coran could pursue his appeal of right.

Section 2953.08 does not permit an appeal based solely on a claim that a sentence is too harsh or an abuse of discretion.

State v. Ayers, Unpublished Decision (1-7-2005) · filed 2005-01-07(A), (G)

Such "abuse of discretion" claims are not a proper ground for appeal, R.C. 2953.08 (A), or a matter for which R.C. 2953.08 (G) permits appellate review.

Section 2953.08 permits an appeal of a maximum prison sentence imposed for one offense or for multiple offenses arising from a single incident.

State v. Leet, Unpublished Decision (1-28-2005) · filed 2005-01-28(A)(1)(a)-(b)

The relevant statute provides that a defendant may appeal a maximum prison sentence where the sentence was imposed for only one offense or the sentence was imposed for two or more offenses arising out of a single incident. R.C. 2953.08 (A)(1)(a) (b). In this case, the defendant received the maximum prison term for not one but two offenses (Tr. 13), and the offenses did not arise out of a single incident but rather were committed against two separate children during different time periods (Tr. 16). We agree with the State's contention that in this situation for the facts cited above, this court lacks jurisdiction to review the imposition of the maximum sentences on Leet.

Section 2953.08(A) lists the grounds for appealing a felony sentence; a claim that the sentence is excessive does not, by itself, invoke one of them.

State v. Meza, Unpublished Decision (3-18-2005) · filed 2005-03-18(A)

Appellant does not challenge his sentence pursuant to any of the grounds listed in R.C. 2953.08 (A). Rather, he simply states that his sentence was excessive and that the lower court imposed a "trial tax" upon him to punish him for exercising his right to a fair trial. Accordingly, his sixth assignment of error is not well-taken.

Section 2953.08(B) lets the prosecution appeal a sentence that overcomes a presumption of imprisonment, but gives a defendant no appeal as of right when the trial court declines to overcome that presumption for a first-degree felony.

State v. Vincent, Unpublished Decision (5-4-2005) · filed 2005-05-04(B)

The Legislature has expressly provided the prosecution with the right to appeal a trial court's decision overcoming the presumption of imprisonment contained in R.C. 2929.13 . No such provision has been made for a defendant to appeal a sentence on the basis the trial court refused to supersede the presumption for a prison term on a first degree felony.

Section 2953.08 does not permit appellate review of a sentence on the ground that the trial court abused its discretion.

State v. Black, Unpublished Decision (5-6-2005) · filed 2005-05-06

The law is clear, however, that an abuse of discretion is not a proper ground for appeal nor is it a matter which R.C. 2953.08 permits appellate review.

Section 2953.08(A)(4) permits an appeal of a sentence as contrary to law when its findings and reasons lack evidentiary support.

State v. Kelley, Unpublished Decision (7-19-2005) · filed 2005-07-19(A)(4)

Thus, we move to the appeal of right of a sentence that is "contrary to law" pursuant to R.C. 2953.08 (A)(4). A sentence "contrary to law" includes a sentence rendered with findings and reasons devoid of evidentiary support.

Section 2953.08(A)(4) gives a defendant an appeal as of right when the defendant contends that the sentence is contrary to law.

State v. Pitts, Unpublished Decision (10-13-2005) · filed 2005-10-13(A)(4)

A defendant has an appeal as of right from a sentence that he or she contends is contrary to law.

Section 2953.08(A)(2) permits an appeal as of right from a prison sentence for a fourth or fifth degree felony when the sentencing court did not specify that it found a listed sentencing factor.

State v. Taylor, Unpublished Decision (12-16-2005) · filed 2005-12-16(A)(2)

Pursuant to R.C. 2953.08 (A) (2) a person who receives a prison sentence for a felony of the fourth or fifth degree may only appeal as of right the imposition of the prison sentence if the "trial court did not specify at sentencing that it found one or more factors specified in division (B) (1) (a) to (i) of Section 2929.13 of the Revised Code to apply relative to the defendant. If the court specifies that it found one or more of the factors to apply relative to the defendant, the defendant is not entitled under this division to appeal as a matter of right the sentence imposed upon the offender."

Section 2953.08 permits a felony defendant to appeal qualifying maximum sentences and consecutive sentences whose total exceeds the maximum term for the most serious offense.

State v. Waite, Unpublished Decision (11-16-2005) · filed 2005-11-16(A)(1)(b), (C)

R.C. 2953.08 (A)(1) grants defendants convicted of a felony offense the right to appeal when the sentence "consisted of or included the maximum prison term allowed for the offense * * *" and the sentence "was imposed for two or more offenses arising out of a single incident, and the court imposed the maximum prison term for the offense of the highest degree." R.C. 2953.08 (A)(1)(b). As appellant was sentenced to two maximum sentences for his convictions, he had an appeal as of statutory right regarding them. R.C. 2953.08 (C) also grants defendants the right to appeal based on the imposition of consecutive sentences if the total term of incarceration exceeds the maximum term allowed for the most serious offense of which the defendant was convicted. As appellant's total term of incarceration was 36 months, and the maximum term allowed for a fourth degree felony is 18 months, appellant's counsel could have raised error regarding the consecutive sentence as well.

Section 2953.08(A)(2) does not give a defendant an appeal as of right when the sentencing court specifies that the defendant committed the offense while under a community control sanction.

State v. Goss, Unpublished Decision (2-24-2006) · filed 2006-02-24(A)(2)

In Goss's case, the trial court expressly found that he had committed the offense while under a community control sanction. Accordingly, the factors set forth at R.C. 2953.08 (A)(2) had been satisfied, and Goss did not have the right to appeal his sentence under this division.

Section 2953.08 provides grounds for appealing a sentence, including that it is contrary to law; a sentencing court does not violate the section by imposing a sentence.

State v. Campbell, Unpublished Decision (8-25-2006) · filed 2006-08-25

In his second assignment of error, appellant asserts his sentence is in violation of R.C. 2953.08 . In support, appellant notes that one of the grounds on which a defendant may appeal a sentence is that the sentence is contrary to law. This court cannot fathom, and appellant does not indicate, how it would be possible for a sentencing court to "violate" that statute.

Section 2953.08(A)(2) bars a challenge to a fourth-degree felony prison sentence as unsupported by the record when the trial court finds an applicable R.C. 2929.13(B)(1) factor.

State v. Webb, Unpublished Decision (8-29-2006) · filed 2006-08-29(A)(2)

Appellant has no right to challenge the imposition of prison for a fourth-degree felony on grounds that the sentence is unsupported by the record if the trial court found that one or more factors specified in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code apply relative to appellant. R.C. 2953.08 (A)(2). In this case, the court found that appellant caused physical harm to the victim, which is a factor enumerated in R.C. 2929.13 (B)(1). Thus, appellant has no right to appeal his sentence based on lack of support in the record.

Section 2953.08(A)(4) permits a direct appeal of a sentence as contrary to law but does not apply to a petition for post-conviction relief.

State v. Tucker, 88568 (5-3-2007) · filed 2007-05-03(A)(4)

Appellant's citation to R.C. 2953.08 (A)(4) is misplaced. That statute allows direct appeals from the sentence imposed on the ground that the sentence is contrary to law. It applies to direct appeals, not to petitions for post-conviction relief such as appellant has filed here.

Section 2953.08(A)(4) permits an appeal on the ground that a sentence is contrary to law, and that right remains after Foster.

State v. Cosme, 90075 (6-9-2008) · filed 2008-05-29(A)(4)

With regard to defendant's complaint that the statutorily created challenge to consecutive sentences have been eliminated, we note that pursuant to R.C. 2953.08 (A): ... "(4) The sentence is contrary to law." {¶ 27} In State v. VanHoose , Pike App. No. 07CA765, 2008-Ohio-1122 , the court noted that the right to appeal any sentence that was contrary to law is the same before and after the Foster decision. ... {¶ 28} This claim is therefore without merit.

Section 2953.08(A)(4) allows an appeal as of right from a criminal sentence entered contrary to law.

State Ex Rel. Roberts v. Winkler · filed 2008-06-13(A)(4)

And under the third burden, Roberts has an adequate remedy at law because he would be able to appeal an adverse ruling by Judge Winkler returning him to prison. R.C. 2953.08(A)(4) specifically provides for an appeal as of right from the imposition of criminal sentences that are entered contrary to law.

Section 2953.08(A)(1)(b) gives a defendant the right to appeal a maximum sentence.

State v. Roach · filed 2012-03-15(A)(1)(b)

R.C. 2953.08 guarantees a defendant a right to appeal his sentence under certain circumstances and one of those is where a maximum sentence is imposed.

Section 2953.08 permits an appeal from a maximum sentence when the record does not support required sentencing findings or the sentence is contrary to law.

State v. Mays · filed 2012-08-10(G)(2)

An appeal under R.C. 2953.08 can lie from a maximum sentence, like the one in the case before us, but appears to be limited to situations in which the record does not support the sentencing court’s findings that were statutorily required before Foster, or in which the sentence is contrary to law. R.C. 2953.08(G)(2)(a) and (b). Neither of these situations obtain in the case before us.

Section 2953.08 does not appear to permit an appeal challenging the length of community control solely as an abuse of discretion when the appellant does not claim the sentence is contrary to law.

State v. Sandy · filed 2011-09-28(A)(4)

The State argues that the only subsection which would apply in this case is that the sentence is contrary to law, and appellant does not make such an argument. We agree that this appeal does not appear to fall under this statute.

Section 2953.08(A) does not authorize appellate review of a claim that the sentencing court gave insufficient weight to mitigating factors.

State v. Akins · filed 2013-11-14(A)

In summary, Akins argues that the length of his sentence resulted from the court’s refusal to give more weight to factors in mitigation. R.C. 2953.08(A) gives us no authority to review this claim, so we overrule this assignment of error.

Section 2953.08(A)(1)(a) permits a defendant to appeal a maximum sentence imposed for one offense when the sentence is not mandatory under Chapter 2950.

State v. Townsend · filed 2014-03-13(A)(1)(a)

R.C. 2953.08(A)(1) gives a defendant who receives a maximum sentence the right to appeal such a decision in certain circumstances. In the instant case, appellant has the right to appeal his sentence because it was not a mandatory maximum sentence pursuant to R.C. Chapter 2950 et seq., and it was “imposed for only one offense.”

Section 2953.08(A)(4) permits a defendant to challenge a sentence as contrary to law when the sentencing court fails to make required consecutive-sentence findings.

State v. Jones · filed 2014-04-17(A)(4)

Under R.C. 2953.08(A)(4), a defendant can challenge a sentence as being “contrary to law” if the court failed to make the findings required by R.C. 2929.14(C)(4).

Section 2953.08(C)(1) provides an additional ground to appeal a sentence and does not limit appeal rights under divisions (A) and (B).

State v. Morgan · filed 2014-12-23(C)(1)

Even assuming we agree with the state that the reference to subsection (C)(3) is a clerical error, we do not agree with the state's position that R.C. 2953.08(C)(1) precludes appellate review in this case. Based on the plain language of the statute, the right to appeal a sentence conferred by R.C. 2953.08(C)(1) is a right "[i]n addition to the right to appeal a sentence under division (A) or (B) of this section." (Emphasis added.) Thus, R.C. 2953.08(C)(3) does not limit the right to appeal under R.C. 2953.08(A) and (B), but, rather, provides additional grounds for relief.

Section 2953.08 gives a defendant the right to appeal a sentence but does not require the court to notify the defendant of that right.

State v. Berecz · filed 2017-01-17

Although R.C. 2953.08 confers on a defendant the right to appeal from the sentence, it contains no requirement that the court notify the defendant of that right.

Section 2953.08(A)(1) permits an appeal as of right from a maximum sentence.

State v. Hobby · filed 2017-07-24(A)(1)

Initially we note that pursuant to R.C. §2953.08(A)(1), Appellant is entitled to appeal as of right the maximum sentence imposed on his conviction.

Section 2953.08 gives a defendant the right to appeal a sentence but does not require the sentencing court to notify the defendant of that right.

State v. Wolke · filed 2018-05-25

Although R.C. 2953.08 confers on a defendant the right to appeal from the sentence, it contains no requirement that the court notify the defendant of that right.

Section 2953.08(A)(2) does not permit an appeal as of right from a fourth- or fifth-degree felony prison sentence when the sentencing court finds an R.C. 2929.13(B)(1)(b) factor; the defendant must seek leave to appeal.

State v. Gibson · filed 2018-12-13(A)(2)

R.C. 2953.08(A)(2) specifically provides that a defendant may appeal as a matter of right where he or she was sentenced to a prison for a felony of the fourth- or fifth-degree pursuant to R.C. 2929.13(B), as Gibson was here. ... Because the court made the required statutory finding to sentence Gibson to a prison term, and Gibson did not file a motion for leave, he is not entitled to an appeal of his sentence.

Section 2953.08(A)(2) bars an appeal as of right only when the trial court specifies a finding under R.C. 2929.13(B)(1)(b).

State v. Jones · filed 2019-05-09(A)(2)

However, under the circumstances presented in this case, we find R.C. 2953.08(A)(2) to be inapplicable. As this court has stated, the “statute only operates to block review of instances where the trial court ‘specifies’ a finding under R.C. 2929.13(B)(1)(b).”

Section 2953.08(A)(2) blocks an appeal as of right from a qualifying prison sentence only when the trial court specifies a finding under § 2929.13(B)(1)(b).

State v. Barrickman · filed 2019-09-03(A)(2)

Thus, in the interest of justice, we conclude that she narrowly escapes the preclusive effect of R.C. 2953.08(A)(2), “because that statute only operates to block review of instances where the trial court ‘specifies’ a finding under R.C. 2929.13(B)(1)(b).”

Section 2953.08(A)(1) permits a defendant to appeal a maximum sentence as of right.

State v. Smith · filed 2024-02-07(A)(1)

In accordance with R.C. 2953.08(A)(1), Smith is entitled to appeal as of right the maximum sentence imposed on his conviction.

Section 2953.08(A)(2) requires a defendant to seek leave to appeal a prison sentence for a fourth-degree felony when the sentencing court finds that a factor under R.C. 2929.13(B)(1)(b) applies.

State v. Blevins · filed 2024-07-15(A)(2)

Because the trial court imposed a prison term for the fourth-degree felony and found that one of the factors in R.C. 2929.13(B)(1)(b) applied, Blevins had no appeal as of right and was required to seek leave of this Court to file an appeal.

Section 2953.08(A)(1) allows an appeal as of right when a maximum sentence is imposed; it does not prohibit a maximum sentence.

State v. Houtz · filed 2025-03-24(A)(1)

However, in his argument, Houtz appears to conflate the statute’s allowance for an appeal as of right when a maximum sentence is imposed with a prohibition against the imposition of a maximum sentence. Accordingly, Houtz’s argument is not well taken.

Section 2953.08(A)(2) denies an appeal as of right from a prison sentence for a fourth- or fifth-degree felony when the trial court specifies that an R.C. 2929.13(B) factor applies; the defendant must seek leave to appeal.

State v. Rakhimov · filed 2025-04-16(A)(2)

Because Rakhimov lacks a right of appeal under R.C. 2953.08(A)(2) and he did not seek leave to appeal, we must dismiss his appeal.

Section 2953.08(A)(4) permits a defendant who claims a sentence is contrary to law to appeal without seeking permission, even when the state invokes the restriction in (A)(2).

State v. Byrnes · filed 2025-09-05(A)(4)

This argument is not one that requires deep thought on our part because Byrnes argues here that her sentence is “contrary to law,” and a criminal defendant making such a claim is, under R.C. 2953.08(A)(4), entitled to pursue an appeal. For that reason, we readily conclude that Byrnes had no obligation to seek our permission for her appeal, and we decline to dismiss it as an improper one under R.C. 2953.08(A)(2).

Section 2953.08 permits an appeal of a felony sentence as a matter of right on the grounds it lists.

State v. Feliciano · filed 2013-12-06

As an initial matter, we concur with appellee that appellant does not have the right to pursue this issue on appeal. Appellant had not alleged that his sentence is ... contrary to law or any of the other grounds for an appeal as a matter of right which are set forth in R.C. 2953.08.

Section 2953.08(G) supplies the standard of review for felony sentencing appeals.

State v. Ruthers · filed 2023-03-10(G)

This court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals.

Section 2953.08 provides for review of costs and financial sanctions to determine whether they are contrary to law.

State v. Teal · filed 2017-08-11(G)(2)(b)

Our standard of review on this issue is whether the imposition of costs and financial sanctions was contrary to law. R.C. 2953.08(A)(4) and (G)(2)(b).

Appellate review of a felony sentence does not use an abuse of discretion standard; a court may modify the sentence only on the stated clear and convincing evidence grounds.

State v. Edwards · filed 2017-08-16(G)(2)

In reviewing a felony sentence, “[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2). “[A]n appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence” that: (1) “the record does not support the trial court’s findings under relevant statutes,” or (2) “the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016–Ohio–1002, ¶ 1.

Section 2953.08(G)(2) provides that abuse of discretion is not the standard for appellate review of felony sentences.

State v. Gunter · filed 2017-08-17(G)(2)

R.C. 2953.08(G)(2) states that when reviewing felony sentences, “[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.”

Section 2953.08(G)(2) does not use abuse of discretion as the standard for appellate review of a felony sentence.

State v. Brazina · filed 2017-08-30(G)(2)

We do not review a sentence for an abuse of discretion. R.C. 2953.08(G)(2) (“The appellate court's standard for review is not whether the sentencing court abused its discretion.”).

Section 2953.08(G) sets the standard for reviewing felony sentences on appeal; abuse of discretion is not that standard.

State v. Masters · filed 2017-09-07(G)

The appellate court’s standard for review is not whether the sentencing court abused its discretion.

Section 2953.08(G)(2) directs appellate courts to review felony sentences without using an abuse-of-discretion standard.

State v. Mellott · filed 2017-09-11(G)(2)

In reviewing a felony sentence, “[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2).

Section 2953.08(G)(2) governs appellate review of a trial court’s jail-time credit determination under the clearly and convincingly contrary to law standard.

State v. Harvey · filed 2017-06-26(G)(2)

This court reviews the trial court’s determination as to the amount of credit, if any, to which a defendant is entitled under the clearly and convincingly contrary to law standard in R.C. 2953.08(G)(2).

Section 2953.08(G)(2) sets the standard for reviewing whether specified sentencing findings have record support and whether a felony sentence is contrary to law.

State v. O'Grady · filed 2017-06-23(G)(2)

Our standard of review of a sentencing judgment is whether there is clear and convincing evidence in the record to support the findings of the court made under R.C. 2929.13(B)(2)(e), 2929.14(C)(14), or 2929.20(I) and whether the sentence is contrary to law. R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.

State v. Stevens · filed 2017-06-26(G)(2)

An appellate court’s standard for review of a felony sentence is not whether the sentencing court abused its discretion. R.C. 2953.08(G)(2). The Supreme Court of Ohio has held that “an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence when it finds by clear and convincing evidence that the record does not support the sentence.

State v. Watters · filed 2017-06-30(G)(2)

If there is no dispute that the trial court considered R.C. 2929.11 and 2929.12, an appellate court can vacate or modify the sentence under R.C. 2953.08(G)(2) when if finds by clear and convincing evidence that the record does not support the sentence. ... Furthermore, even if the trial court erred in considering the two items cited by appellant, there is other ample evidence supporting the imposition of a ten-year aggregate sentence.

Section 2953.08(G)(2) permits an appellate court to vacate consecutive sentences when it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Jennings · filed 2017-07-13(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may vacate the imposition of consecutive sentences where it “clearly and convincingly” finds that (1) the record does not support the trial court’s findings under R.C. 2929.14(C)(4) or (2) the sentence is “otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon a clear and convincing finding that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Petersen · filed 2017-07-24(G)(2)

Rather, R.C. 2953.08(G)(2) states that an appellate court may vacate or modify a felony sentence only if it "determines by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law." Marcum at ¶ 1.

Section 2953.08(G)(2) permits an appellate court to vacate and remand a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Keene · filed 2017-07-25(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence or may vacate the sentence and remand the matter to the sentencing court if it clearly and convincingly finds either "[t]hat the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant" or "[t]hat the sentence is otherwise contrary to law."

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence only if it clearly and convincingly finds that the record does not support the mandatory sentencing findings or that the sentence is otherwise contrary to law.

State v. Corcoran · filed 2017-08-04(G)(2)

R.C. 2953.08(G)(2) governs appellate review of felony sentences. This court will only modify or vacate a sentence under R.C. 2953.08(G)(2) if it clearly and convincingly finds that either the record does not support the mandatory sentencing findings or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence if it clearly and convincingly finds that relevant statutory findings lack record support or the sentence is otherwise contrary to law.

State v. Highsmith · filed 2017-08-04(G)(2)

As such, an appellate court may increase, reduce, modify, or vacate and remand, a disputed felony sentence if it clearly and convincingly finds that either the sentence is based upon relevant statutory findings not supported by the record or is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Khaliq · filed 2017-08-04(G)(2)

R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find either the record does not support the sentencing court's findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) governs appellate review of whether a felony sentence is contrary to law or clearly and convincingly unsupported by the record.

State v. Wilson · filed 2017-08-07(G)(2)

Therefore, since the imposition of the thirty-six month prison term is not contrary to law, we turn to whether there is clear and convincing evidence that the record does not support the sentence. ... Appellant has failed to show that his sentence is clearly and convincingly not supported.

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Dukes · filed 2017-08-07(G)(2)

R.C. 2953.08(G)(2) specifies that an appellate court may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly finds either that “the record does not support the sentencing court's findings” under the specified statutory provisions or “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits reversal of a felony sentence when the appellate court clearly and convincingly finds that the record does not support the trial court’s findings or that the sentence is otherwise contrary to law.

State v. Jackson · filed 2017-08-10(G)(2)

We may reverse Jackson’s consecutive sentences if we clearly and convincingly find either that the record does not support the trial court’s findings or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that the required sentencing findings lack record support or that the sentence is contrary to law.

State v. Durrette · filed 2017-08-24(G)(2)

Rather, this court may increase, reduce, modify a sentence, or vacate and remand for resentencing if the court clearly and convincingly finds that the record does not support the sentencing court’s statutory findings under R.C. 2929.14(C)(4) or the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to alter or vacate a felony sentence when it clearly and convincingly finds that the record does not support the relevant statutory findings or that the sentence is otherwise contrary to law.

State v. Wallace · filed 2017-08-30(G)(2)

Pursuant to R.C. 2953.08(G)(2), appellate courts may increase, reduce, modify, or vacate and remand a disputed felony sentence if it clearly and convincingly finds that either the record does not support relevant statutory findings or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) allows an appellate court to vacate or modify a felony sentence only when it clearly and convincingly finds that the record does not support mandatory sentencing findings or that the sentence is otherwise contrary to law.

State v. Lee · filed 2017-08-30(G)(2)

Under R.C. 2953.08(G)(2), this court may vacate or modify a sentence only if we clearly and convincingly find that the record does not support the mandatory sentencing findings, or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only when it clearly and convincingly finds the sentence contrary to law or unsupported by the record.

State v. Witt · filed 2017-09-05(G)(2)

“R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law and/or (2) unsupported by the record.”

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only upon clear and convincing evidence that the record does not support the relevant findings or that the sentence is contrary to law.

State v. Penwell · filed 2017-09-05(G)(2)

Rather, R.C. 2953.08(G)(2) compels an appellate court to modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law."

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence when clear and convincing evidence shows that the sentence is contrary to law.

State v. Gwynne · filed 2017-09-11(G)(2)

When reviewing felony sentences we apply the standard of review set forth in R.C. 2953.08(G)(2). ... In the instant matter, we find by clear and convincing evidence the sentences herein are contrary to law.

Section 2953.08(G)(2)(a) permits review of whether the record supports findings made under specified statutes; when none applies, the appellate court reviews whether the sentence is contrary to law.

State v. Cox · filed 2017-06-21(G)(2)(a)

R.C. 2953.08(G)(2)(a) sets forth a standard for review of findings made pursuant to specific statutes, none of which are applicable to the instant case. Therefore, we only review the instant sentence to determine if it is contrary to law.

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Stanifer · filed 2017-05-08(G)

‘(T)his court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals.’

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the relevant findings lack record support or the sentence is contrary to law.

State v. Allen · filed 2017-05-17(G)(2)

In reviewing a felony sentence, “[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2). “[A]n appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence” that: (1) “the record does not support the trial court’s findings under relevant statutes,” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G) requires an appellate court to modify or vacate a sentence when clear and convincing evidence shows that the record does not support the relevant statutory findings.

State v. Bunn · filed 2017-05-19(G)

R.C. 2953.08(G) compels appellate courts to modify or vacate sentences if they find by clear and convincing evidence that the record does not support any relevant findings under “division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code.”

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Sari · filed 2017-05-22(G)(2)

R.C. 2953.08(G) sets forth the standard of review for all Ohio felony sentencing appeals. It states, in pertinent part, that an “appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * if it clearly and convincingly finds * * * (b) that the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is contrary to law.

State v. Johnson · filed 2017-05-22(G)(2)

“Applying the plain language of R.C. 2953.08(G)(2), * * * an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Lucicosky · filed 2017-05-23(G)(2)

Under R.C. 2953.08(G)(2) an “appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.” Id.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Chaffin · filed 2017-05-30(G)(2)

Rather, R.C. 2953.08(G)(2) permits an appellate court to modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law."

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence only when it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Hackley · filed 2017-06-02(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it “clearly and convincingly” finds either (1) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.

Section 2953.08(G)(2) permits an appellate court to overturn a felony sentence for actual vindictiveness only when the record clearly and convincingly shows it.

State v. Taylor · filed 2017-06-07(G)(2)

In the case at bar, we do not believe that the record clearly and convincingly shows that the trial court based its sentence on actual vindictiveness.

Section 2953.08(G)(2) requires an appellate court to affirm a felony sentence unless it clearly and convincingly finds that the relevant sentencing findings lack record support or the sentence is contrary to law.

State v. Moss · filed 2017-06-12(G)(2)

Appellate review of felony sentences is governed by the standard in R.C. 2953.08(G)(2). ... Thus, as an appellate court, we must affirm the felony sentence imposed by the trial court unless we determine by clear and convincing evidence that the trial court’s findings are not supported by the record or that the sentence otherwise conflicts with the governing law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Sekulic · filed 2017-06-12(G)(2)

R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence if it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Craig · filed 2017-06-12(G)(2)

R.C. 2953.08(G)(2) specifies that an appellate court may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly finds either that “the record does not support the sentencing court's findings” under the specified statutory provisions or “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence when clear and convincing evidence shows that the record does not support it under R.C. 2929.13(B) or that it is otherwise contrary to law.

State v. Parker · filed 2017-06-15(G)(2)

Although this court has no authority to review Parker’s sentence for an abuse of discretion, State v. Nitsche, 2016-Ohio-3170, 66 N.E.3d 135, ¶ 65 (8th Dist.), our review of felony sentences is governed by the standards set forth in R.C. 2953.08(G)(2) which, in relevant part, provides that an appellate court may disturb a sentence upon finding, by clear and convincing evidence, that either the record does not support the sentence under R.C. 2929.13(B), or that the sentence is “otherwise contrary to law.”

Section 2953.08(G)(2) requires appellate courts to review the record when considering a felony sentence and permits modification or remand upon a clear and convincing finding that the specified sentencing findings lack support or the sentence is contrary to law.

State v. Lewis · filed 2017-06-15(G)(2)

When reviewing felony sentences, an appellate court must “review the record, including the findings underlying the sentence or modification given by the sentencing court.” R.C. 2953.08(G)(2). If an appellate court clearly and convincingly finds either that (1) “the record does not support the sentencing court’s findings under [R.C. 2929.14(C)(4)]” or (2) “the sentence is otherwise contrary to law,” then “the appellate court may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing.” Id.

Section 2953.08(G)(2) permits a felony sentence to be overturned if it is contrary to law or the appellate court clearly and convincingly determines that the record does not support it.

State v. Ward · filed 2017-06-15(G)(2)

Here, the trial court was not required to make any findings under the statutes referenced by R.C. 2953.08(G). Thus, Ward's sentence may be overturned only if that sentence was contrary to law or this court clearly and convincingly determines that the record does not support the sentence.

Section 2953.08(G)(2) allows an appellate court to change or vacate a felony sentence if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. K.W. · filed 2017-06-16(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either of the following: (a) That the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant; or (b) That the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change a felony sentence only if it clearly and convincingly finds that the record does not support specified findings or that the sentence is contrary to law.

State v. Staton · filed 2017-06-22(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either (1) the record does not support certain specified findings; or (2) the sentence imposed is contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence only upon a clear and convincing finding that the record does not support the required findings or that the sentence is contrary to law.

State v. Richardson · filed 2017-06-22(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it “clearly and convincingly” finds either (1) that the record does not support the trial court’s findings under any relevant statutes, or (2) that the sentence imposed is contrary to law.

Section 2953.08(G)(2)(b) requires appellate courts to review restitution imposed as part of a felony sentence for whether it is clearly and convincingly contrary to law.

State v. Becraft · filed 2017-04-21(G)(2)(b)

Therefore, instead of applying an abuse of discretion standard, as we have previously done in restitution cases prior to Marcum , the proper standard of review for analyzing the imposition of restitution as a part of a felony sentence is whether it complies with R.C. 2953.08(G)(2)(b), i.e., whether it is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate a felony sentence only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Moss · filed 2017-04-24(G)(2)

The Supreme Court of Ohio, in State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, held that appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2) when reviewing felony sentences. ... We therefore cannot say that, by clear and convincing evidence, appellant’s sentence is contrary to law.

Under § 2953.08(G)(2), an appellate court may modify or vacate a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Barnes · filed 2017-05-01(G)(2)

We review all felony sentencing appeals with the standard set forth in R.C. 2953.08(G). ... Therefore, we must determine whether appellant’s sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) governs appellate review of felony sentences: abuse of discretion is not the standard, and a sentence may be vacated or modified only on the specified clear-and-convincing-evidence grounds.

State v. Brinkley · filed 2017-04-05(G)(2)

In reviewing a felony sentence, “[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2). “[A]n appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence” that: (1) “the record does not support the trial court’s findings under relevant statutes,” or (2) “the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016–Ohio–1002, ¶ 1.

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the record does not support the required findings or that the sentence is contrary to law.

State v. Taylor · filed 2017-04-17(G)(2)

Rather, R.C. 2953.08(G)(2) compels an appellate court to modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law." Id. at ¶ 1.

Section 2953.08(G)(2) permits an appellate court to find sentencing error when it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Rogers · filed 2017-04-20(G)(2)

R.C. 2953.08(G)(2) provides, in part, that when reviewing felony sentences, the appellate court’s standard of review is not whether the sentencing court abused its discretion; rather, if this court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under” R.C. Chapter 2929 or that (2) “the sentence is otherwise contrary to law,” then we may conclude that the court erred in sentencing.

Section 2953.08(G)(2) requires appellate courts reviewing felony sentences to determine whether the sentence is clearly and convincingly contrary to law.

State v. Skeene · filed 2017-04-24(G)(2)

Appellate review of felony sentences is governed by the standard of review set forth in R.C. 2953.08(G)(2), which requires this court to determine whether the imposition of a sentence is clearly and convincingly contrary to law.

When the specified sentencing findings do not apply, subsection (G)(2) directs the appellate court to examine whether the felony sentence is otherwise contrary to law.

State v. Buchholz · filed 2017-03-10(G)(2)

Here, none of the express findings under R.C. 2953.08(G)(2) apply. Thus, we must examine whether the sentence is otherwise contrary to law.

Section 2953.08 limits appellate review of a felony sentence; the appellate court does not separately reweigh the sentencing factors considered by the trial court.

State v. Ledbetter · filed 2017-01-12(G)(2)

This court’s review of sentences does not include separately weighing the factors the trial court considered in arriving at its sentence. It is only when those factors considered are not supported in the record does R.C. 2953.08 allow for a finding that a sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only if it is contrary to law or unsupported by the record.

State v. Lowe · filed 2017-01-06(G)(2)

The Ohio Supreme Court recently held that R.C. 2953.08(G)(2) gives the only two grounds—contrary to law and unsupported by the record—on which an appellate court may vacate or modify a felony sentence on appeal. See Marcum, 2016-Ohio-1002, at ¶ 1. Because we conclude that Lowe’s sentence is not contrary to law and is supported by the record, we must affirm.

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that required sentencing findings lack record support or the sentence is contrary to law.

State v. Paulino · filed 2017-01-05(G)(2)

Rather, we may increase, reduce, modify a sentence, or vacate and remand for resentencing if we clearly and convincingly find that the record does not support the sentencing court’s statutory findings, if applicable, or the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to alter or vacate a felony sentence only if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Kennedy · filed 2017-01-06(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it “clearly and convincingly” finds either (1) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.

Section 2953.08(G)(2) allows an appellate court to change a felony sentence or remand for resentencing when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Spencer · filed 2017-01-06(G)(2)

R.C. 2953.08(G)(2) provides that we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court's findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) limits appellate review of a felony sentence to the support for consecutive-sentence findings and whether the sentence is contrary to law.

State v. Dorsey · filed 2017-01-13(G)(2)

Our standard of review of a felony sentence is limited to whether there is clear and convincing evidence in the record to support the sentencing court’s findings under R.C. 2929.14(C)(4) that consecutive sentences should be imposed and whether the sentence is contrary to law. R.C. 2953.08(G)(2).