Ohio Rev. Code Ann. § 2953.08

When the findings addressed by subsection (G)(2)(a) do not apply, an appellate court reviews whether the felony sentence is otherwise contrary to law.

State v. Veley · filed 2016-08-26(G)(2)

Here, the findings under R.C. 2953.08(G)(2)(a) are not applicable. Thus, we must determine if the sentence is otherwise contrary to law.

Section 2953.08(G)(2) sets the standard for appellate review of whether a felony sentence is clearly and convincingly contrary to law.

State v. Sess · filed 2016-08-29(G)(2)

This court reviews felony sentences pursuant to the standard of review set forth in R.C. 2953.08(G)(2) to determine whether the imposition of those sentences is clearly and convincingly contrary to law.

Section 2953.08(G)(2) requires clear and convincing grounds to reverse a felony sentence because the record does not support it or it is contrary to law.

State v. Cardwell · filed 2016-08-30(G)(2)

"An appellate court will not reverse a trial court's sentencing decision unless the evidence is clear and convincing that either the record does not support the sentence or that the sentence is contrary to law." ... Furthermore, based on a careful review of the record, we do not clearly and convincingly find that the record fails to support the trial court's findings under R.C. 2929.14(C)(4).

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

State v. D.E.M. · filed 2016-09-01(G)(2)

Rather, the language of 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., quoting Marcum at ¶ 1.

Section 2953.08(G)(2) supplies the standard for appellate review of felony sentences.

State v. Bell · filed 2016-08-15(G)(2)

R.C. 2953.08 governs appeals based on felony sentencing guidelines.

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

State v. Von Ward · filed 2016-09-09(G)(2)

Thus, in order for this Court to vacate or modify Von Ward’s sentence, we must find by clear and convincing evidence that 1) the record does not support the sentence, or is (2) 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 specified findings lack record support or that the sentence is contrary to law.

State v. Friend · filed 2016-09-16(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 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. Santos · filed 2016-09-26(G)(2)

We review this sentence under the standard of review set forth in R.C. 2953.08(G)(2). ... Pursuant to 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. at ¶1, citing R.C. 2953.08(G)(2).

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentencing court’s findings under § 2929.13(B).

State v. Cottom · filed 2016-09-26(G)

R.C. 2953.08(G) sets forth the standard of review for all Ohio felony sentencing appeals and states, in pertinent part, that the “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 * * * (a) [t]hat the record does not support the sentencing court’s findings under division (B) * * * of section 2929.13[.]”

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

State v. Howard · filed 2016-09-30(G)(2)

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

Section 2953.08(G)(2) allows an appellate court to disturb a felony sentence when it clearly and convincingly finds that the sentence is contrary to law or unsupported by the record.

State v. Smith · filed 2016-09-30(G)(2)

Smith has not established that his sentence is contrary to law or clearly and convincingly unsupported by the record.

Section 2953.08(G)(2) requires an appellant challenging a felony sentence as contrary to law to meet a clear-and-convincing-evidence standard.

State v. Eichele · filed 2016-09-30(G)(2)

Initially, we note our standard of review for felony sentences is provided by R.C. 2953.08(G)(2). ... Based on the record, there is no clear and convincing evidence the trial court erred in balancing these factors, which is the standard an appellant must meet when challenging a sentence as being contrary to R.C. 2929.12.

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

State v. Saracco-Rios · filed 2016-10-03(G)(2)

Pursuant to that statute, an appellate court may 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 [addressed within R.C. 2953.08(G)(2)] or that the sentence is otherwise contrary to law." Marcum at ¶ 1.

Section 2953.08(G)(2) sets the standard for appellate review of felony sentences, including maximum sentences.

State v. Catlett · filed 2016-10-11(G)(2)

Pursuant to the Supreme Court of Ohio’s recent holding in State v. Marcum,—Ohio St.3d—, 2016-Ohio-1002, ¶ 7, this court will review a felony sentence using the standard set forth in R.C. 2953.08. ... Based on the foregoing, we conclude the Appellant has not shown, by clear and convincing evidence that the record does not support the trial court’s imposition of the maximum sentences for Catlett’s Aggravated Vehicular Homicide and Failure to Stop After an Accident convictions.

Section 2953.08(G)(2) sets the standard for appellate review of felony sentences, including review for clear and convincing evidence that the record does not support the sentence.

State v. Baskin · filed 2016-10-17(G)(2)

Pursuant to the Supreme Court of Ohio’s recent holding in State v. Marcum,—Ohio St.3d--, 2016-Ohio-1002, ¶ 7, this court will review a felony sentence using the standard set forth in R.C. 2953.08. Section 2953.08 of the Revised Code governs appeals based on felony sentencing guidelines. ... Accordingly, we conclude that the Appellant failed to prove by clear and convincing evidence that the record does not support the trial court’s sentence in these cases.

Section 2953.08(G)(2) sets a clear-and-convincing, contrary-to-law standard for reviewing a felony sentence against the record.

State v. Fant · filed 2016-10-18(G)(2)

Our review of Fant's challenge to his sentence is limited to determining whether his sentence is clear and convincing contrary to law as measured against the evidence in the record.

Section 2953.08(G)(2) requires an appellate court to examine compliance with applicable sentencing rules and statutes and determine whether a sentence is clearly and convincingly contrary to law.

State v. Williams · filed 2016-10-26(G)(2)

We are required by the Ohio Supreme Court, pursuant to R.C. 2953.08(G)(2), to “ * * * examine the sentencing court's compliance with all the applicable rules and statutes in imposing the sentence to determine whether the sentence is clearly and convincingly contrary to law.”

Section 2953.08(G)(2) bars appellate courts from reviewing felony sentences for abuse of discretion.

State v. Harris · filed 2016-10-27(G)(2)

R.C. 2953.08(G)(2) specifically states that appellate courts are not authorized to review for an abuse of discretion.

Section 2953.08(G)(2) allows reversal of a felony sentence only when the appellate court 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. McGee · filed 2016-10-28(G)(2)

We will not reverse a felony sentence unless we clearly and convincingly find that either the record does not support the mandatory sentencing findings or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires clear and convincing grounds to modify or vacate a felony sentence on appeal.

State v. Madison · filed 2016-09-30(G)(2)

Based on this court's review, we cannot clearly and convincingly conclude that the trial court's imposition of maximum sentences was unsupported by the record or contrary to law.

Section 2953.08(G)(2) requires appellate review of the record to determine whether a felony sentence is clearly contrary to law or rests on relevant statutory findings that the record does not clearly and convincingly support.

State v. Nobles · filed 2016-10-28(G)(2)

Pursuant to R.C. 2953.08(G), the record of evidence must be reviewed in order to ascertain whether the disputed felony sentence was clearly contrary to law or clearly and convincingly based upon relevant statutory findings not supported by the record.

Section 2953.08 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 trial court’s statutory findings or that the sentence is otherwise contrary to law.

State v. Price · filed 2016-11-04

Pursuant to R.C. 2953.08, “[a]n 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 modify 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. Kurth · filed 2016-11-10(G)(2)

Under R.C. 2953.08(G)(2), an 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 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; (b) That the sentence is otherwise contrary to law.

Section 2953.08(G)(2) directs appellate courts reviewing felony sentences to determine whether the sentence is contrary to law, rather than whether the trial court abused its discretion.

State v. Simpson · filed 2016-11-14(G)(2)

This court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals. ... Therefore, we must determine whether appellant’s sentence is contrary to law, not whether the trial court abused its discretion.

Section 2953.08(G)(2) applies a clear-and-convincing-evidence standard when an appellate court reviews whether the record supports a felony sentencing finding.

State v. Stapleton · filed 2016-11-18(G)(2)

In applying the felony sentencing standard of review set forth in R.C. 2953.08(G)(2), we do not find clear and convincing evidence that the record does not support the trial court’s finding that Stapleton violated the conditions of his bond.

Section 2953.08(G)(2) requires a defendant challenging a felony sentence on appeal to show by clear and convincing evidence that the sentence is unsupported by the record.

State v. Shreves · filed 2016-11-21(G)(2)

However, after Kalish was released, the legislature altered R.C. 2953.08(G)(2) to specifically indicate that on appeal a defendant had to show by clear and convincing evidence that his sentence was not supported by the record.

Section 2953.08(G)(2) applies a clear-and-convincing standard when an appellate court reviews whether a felony sentence is contrary to law.

State v. LaTorres · filed 2016-11-21(G)(2)

“R.C. 2953.08(G) and the clear and convincing standard should be applied to determine whether a felony sentence is contrary to law.”

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

State v. Davis · filed 2016-12-01(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may increase, reduce, or modify a sentence, or it may vacate and remand the matter for resentencing, only if we clearly and convincingly find that either the record does not support the sentencing court’s statutory findings or the sentence is contrary to law.

Section 2953.08(G)(2) requires appellate courts to review a defendant’s sentence without using an abuse of discretion standard.

State v. Williams · filed 2016-12-08(G)(2)

R.C. 2953.08(G)(2) provides that our review of a defendant’s sentence is not an abuse of discretion.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only on clear and convincing evidence that the sentence is contrary to law or unsupported by the record.

State v. Beverly · filed 2016-12-09(G)(2)

Rather, the standard set forth in R.C. 2953.08(G)(2) applies to all such challenges. Under that standard, we may vacate or modify a sentence only if we find, by clear and convincing evidence, that the sentence is contrary to law or that the record does not support the trial court’s findings under certain statutes (including the findings required for consecutive sentences).

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

State v. Morisak · filed 2016-12-15(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 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 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. Miller · filed 2016-12-19(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) requires appellate courts to review felony sentences under a clear-and-convincing-evidence standard rather than for abuse of discretion.

State v. Greer · filed 2016-12-21(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)(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. Clarke · filed 2016-12-22(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) allows an appellate court to modify or vacate a felony sentence only when it clearly and convincingly finds that the record does not support the sentencing court’s decision or that the sentence is contrary to law.

State v. Tate · filed 2016-12-27(G)(2)

Accordingly, this court can only modify or vacate a sentence if we find by clear and convincing evidence that the record does not support the sentencing court's decision or if the sentence is contrary to law.

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. Jack · filed 2016-12-27(G)(2)

R.C. 2953.08(G)(2) sets forth the standard of review for all Ohio felony sentencing appeals and states, in pertinent part, that the “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) governs appellate review of felony sentences and permits relief when the appellate court clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Kegley · filed 2016-12-29(G)(2)

Section 2953.08 of the Revised Code governs appeals based on felony sentencing guidelines. ... For the reasons stated above, we conclude that Kegley failed to prove by clear and convincing evidence that the record does not support the trial court’s sentence in this case.

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

State v. Gregory · filed 2016-12-29(G)(2)

Thus, 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) governs appellate review of felony sentences under a clear and convincing standard, rather than for abuse of discretion.

State v. Gibson · filed 2016-12-29(G)(2)

The abuse-of-discretion standard is no longer applicable to felony- sentencing challenges; appellate courts review a felony sentence to determine whether the trial court's findings—or where findings are not required, the sentence itself—are clearly and convincingly unsupported by the record, or whether the sentence is otherwise contrary to law. R.C. 2953.08(G)(2); State v. Marcum, Slip Opinion 2016-Ohio-1002, ¶ 1; ¶ 23.

Section 2953.08(G)(2) sets a clear-and-convincing standard for appellate review of felony sentences.

State v. Wallace · filed 2016-12-30(G)(2)

In reviewing felony sentences, we apply the clear and convincing standard of review in R.C. 2953.08(G)(2).

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

State v. Ray · filed 2016-12-16(G)(2)

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

Section 2953.08 precludes appellate review of a sentence unless the appellant claims the sentence is contrary to law.

State v. Ward · filed 2017-01-05(A)(4)

R.C. 2953.08 precludes our review of a sentence unless the appellant advances a claim that the sentence is contrary to law.

Section 2953.08 limits appellate review of a felony sentence and does not permit abuse-of-discretion review of the trial court’s analysis under sections 2929.11 and 2929.12.

State v. Kibble · filed 2017-01-05

Appellate sentencing review is guided by R.C. 2953.08. ... Further, our limited scope of review does not allow for a review of the trial court’s analysis under R.C. 2929.11 and 2929.12 to determine whether the court abused its discretion in analyzing those provisions.

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

State v. Perry · filed 2017-01-06(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: ... (b) That the sentence is otherwise contrary to law.

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 relevant findings or that the sentence is contrary to law.

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

The standard of review for felony sentences is 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.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1, applying R.C. 2953.08(G)(2).

Section 2953.08(G)(2) requires the appellate court, rather than the trial judge, to find clearly and convincingly that the record does not support the sentencing findings before it may disturb the sentence on that ground.

State v. Macko · filed 2017-01-23(G)(2)

Appellant also argues the trial court’s ten-year sentence on the RVO specification was not supported by clear and convincing evidence and thus should be vacated. However, appellant’s argument is unpersuasive. ... It does not say that the trial judge must have clear and convincing evidence to support its findings. Instead, it is the court of appeals that must clearly, and convincingly find that the record does not support the court's findings.

Section 2953.08(G)(2) requires an appellate court reviewing a felony sentence to examine the record, including the sentencing court’s supporting findings.

State v. Costello · filed 2017-01-26(G)(2)

In reviewing felony sentences under R.C. 2953.08(G)(2), this court must “review the record, including the findings underlying the sentence or modification given by the sentencing court.”

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

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

Pursuant to 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) requires an appellate court to find clearly and convincingly that a felony sentence is unsupported by the record before reversing it.

State v. Powell · filed 2017-02-17(G)(2)

In order to reverse Powell’s sentence, we would have to find that it was clearly and convincingly not supported by the record.

Section 2953.08(G)(2) permits an appellate court to modify 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. Donley · filed 2017-02-17(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) governs appellate review of a felony sentence and requires clear and convincing evidence that the record does not support the sentence before the court may modify it on that ground.

State v. Whittington · filed 2017-02-17(G)(2)

“An appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing evidence that the record does not support the sentence.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 23. See also R.C. 2953.08(G)(2).

Section 2953.08(G)(2) supplies the standard of review for felony sentences on appeal.

State v. Hardrick · filed 2017-02-21(G)(2)

Initially, we note our standard of review for felony sentences is provided by R.C. 2953.08(G)(2).

Section 2953.08(G)(2) sets the clear-and-convincing standard for appellate review of felony sentences.

State v. Robinson · filed 2017-02-21(G)(2)

This court reviews felony sentences pursuant to the standard of review set forth in R.C. 2953.08(G)(2) to determine whether the imposition of those sentences is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a 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. Butcher · filed 2017-02-21(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may modify or vacate a 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)(b) calls for review of whether a felony sentence is clearly and convincingly contrary to law when the subsections covered by (G)(2)(a) do not apply.

State v. Swiger · filed 2017-02-21(G)(2)

On the proposed issue regarding felony sentencing, because we find appellant's sentence is not one which was imposed pursuant to the statutory subsections cited in R.C. 2953.08(G)(2)(a), we need only review whether appellant's sentence was clearly and convincingly contrary to law per R.C. 2953.08(G)(2)(b).

Section 2953.08(G)(2) applies the clear-and-convincing-evidence standard to appellate review of a sentencing court’s consideration of the factors in R.C. 2929.11 and 2929.12.

State v. Hudson · filed 2017-02-22(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 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, applying R.C. 2953.08(G)(2). In addition to being the standard for review on the findings required by certain statutory sections identified in R.C. 2953.08, this is also the standard for review regarding the court’s consideration of the factors in R.C. 2929.11 and 2929.12.

Section 2953.08(G)(2) sets an extremely deferential, clearly-and-convincingly standard for appellate review of consecutive sentences.

State v. Fields · filed 2017-02-23(G)(2)

The "clearly and convincingly" standard under R.C. 2953.08(G)(2) "is written in the negative which means that it is an 'extremely deferential standard of review.' " State v. Hargrove, 10th Dist. No. 15AP-102, 2015-Ohio-3125, ¶ 22, quoting State v. Bittner, 2d Dist. No. 2013-CA-116, 2014-Ohio-3433, ¶ 9.

Section 2953.08(G)(2)’s contrary-to-law review standard does not govern a challenge to the refusal to continue a sentencing hearing to present mitigation evidence.

State v. Ross · filed 2017-02-24(G)(2)

The state insists that we must review Ross’ second assignment of error under R.C. 2953.08(G)(2). Ross’ challenge here, however, is not to the sentence imposed by the trial court; it is to the trial court’s refusal to continue the sentencing hearing for the purpose of presenting mitigation evidence—a matter within its discretion. The abuse-of-discretion standard, not the contrary to law standard, is, therefore, appropriate.

Section 2953.08(G)(2) governs appellate review of sentencing challenges rather than an abuse-of-discretion standard.

State v. Nierman · filed 2017-02-24(G)(2)

We do not review sentencing challenges under an abuse-of-discretion standard; rather, we apply R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence 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. Gibson · filed 2017-02-24(G)(2)

Accordingly, this court may vacate or modify Gibson’s sentence only if we “determine 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 modification of a felony sentence when the appellate court clearly and convincingly finds it contrary to law; the court does not review the sentence for abuse of discretion.

State v. Stewart · filed 2017-03-02(G)(2)

R.C. 2953.08 limits an appellate court’s ability to review felony sentences. As relevant to this case, an appellate court may modify a sentence only if the court “clearly and convincingly finds * * * [t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2). As such, this court does not review a sentence for abuse of discretion.

Section 2953.08(G)(2) permits an appellate court to alter or vacate 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. Felton · filed 2017-03-03(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) does not use an abuse-of-discretion standard for appellate review of felony sentences.

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

Notably, “The 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) permits an appellate court to modify 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. Purk · filed 2017-03-17(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 change or vacate a felony sentence if it clearly and convincingly determines that the sentence is contrary to law or that the record does not support required statutory findings.

State v. Turner · filed 2017-03-17(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may increase, reduce, modify, or vacate and remand a disputed felony sentence if it clearly and convincingly determines that either the sentence is contrary to law or that the record of evidence does not support applicable statutory findings required in the subject case.

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support the trial court’s decision or that the sentence is contrary to law.

State v. Thompson · filed 2017-03-20(G)(2)

Accordingly, this court can only modify or vacate a sentence if the panel determines, by clear and convincing evidence, that the record does not support the trial court’s decision or if the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only if it finds by clear and convincing evidence that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law.

State v. Daniels · filed 2017-03-20(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may only “increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if the court finds by clear and convincing evidence “(a) [t]hat the record does not support the sentencing court's findings[,]” or “(b) [t]hat the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) applies the clearly and convincingly contrary-to-law standard when an appellate court reviews jail-time credit in a felony sentence.

State v. Garver · filed 2017-03-27(G)(2)

‘We review the trial court’s determination as to the amount of credit to which [a defendant] is entitled under the ‘clearly and convincingly’ contrary to law standard.”

Section 2953.08(G)(2) governs appellate review of felony sentences; abuse of discretion is not the standard.

State v. Norfleet · filed 2017-03-30(G)(2)

R.C. 2953.08 governs appeals based on felony sentencing guidelines. Subsection (G)(2) sets forth this court's standard of review as follows: ... The appellate court's standard for review is not whether the sentencing court abused its discretion.

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

State v. Price · filed 2017-04-03(G)(2)

Accordingly, pursuant to Marcum this 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)(2) allows an appellate court to modify 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. Stapleton · filed 2017-04-07(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 find a felony sentence erroneous when it clearly and convincingly finds that the record does not support the sentencing findings or that the sentence is otherwise contrary to law.

State v. Echols · filed 2017-04-13(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 a clear and convincing finding that the record does not support a felony sentence before an appellate court may vacate or modify it on that ground.

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

Pursuant to R.C. 2953.08(G)(2) and State v. Marcum, 146 Ohio St.3d 516, we cannot vacate or modify Drought’s sentence unless we clearly and convincingly find that the record does not support his sentence.

Section 2953.08(G)(2) permits an appellate court to modify or vacate 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. Ruff · filed 2017-04-19(G)(2)

When reviewing felony sentences, this court applies the standard articulated in R.C. 2953.08(G)(2). ... Under that section, we may only modify or vacate a defendant’s sentence 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 or vacate a felony sentence only upon a clear-and-convincing determination that the record does not support the required findings or that the sentence is contrary to law.

State v. Fedrick · filed 2017-05-03(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 the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” ... Accordingly, we conclude that the trial court did not err by imposing a fourteen-year sentence in this matter as such a sentence is neither unwarranted nor clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits reversal of 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. Robinson · filed 2017-05-08(G)(2)

Under R.C. 2953.08(G)(2), an appellate court will reverse a 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.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.

Section 2953.08(G) applies a clear and convincing evidence standard to appellate review of whether a felony sentence is contrary to law.

State v. Bowers · filed 2017-05-08(G)

“R.C. 2953.08(G) and the clear and convincing standard should be applied to determine whether a felony sentence is contrary to law.”

Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence when it determines by clear and convincing evidence that the required findings lack record support or that the sentence is otherwise contrary to law.

State v. Anthony · filed 2017-05-11(G)(2)

Under R.C. 2953.08(G)(2), an appellate court will reverse a 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.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1.

Section 2953.08(G)(2) directs appellate courts to review whether a felony sentence or required findings are clearly and convincingly unsupported by the record, or whether the sentence is otherwise contrary to law.

State v. Lashley · filed 2017-05-26(G)(2)

Regarding the sentence itself, appellate courts review a felony sentence to determine whether the trial court's findings—or where findings are not required, the sentence itself—are clearly and convincingly unsupported by the record, or whether the sentence is otherwise contrary to law.

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

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

Under this standard, an appellate court upholds the imposed felony sentence unless: (1) required mandatory findings are clearly and convincingly not supported by the record; or (2) the sentence is clearly and convincingly not consistent with other pertinent aspects of the law.

Section 2953.08(G)(2) permits an appellate court to modify 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. Elizondo · filed 2017-05-30(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 alter 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. Huffman · 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) sets the standard for appellate review of specified felony sentencing findings and whether a sentence is contrary to law.

State v. Lee · filed 2017-06-02(G)(2)

On appeal, our standard of review 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) or (D), 2929.14 (2)(e) or (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) allows an appellate court to vacate or modify a felony sentence when clear and convincing evidence shows that the sentence is contrary to law; abuse of discretion is not the standard.

State v. Pari · filed 2017-06-07(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. ... The felony sentence in this matter is clearly and convincingly 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 record does not support the required sentencing findings or that the sentence is contrary to law.

State v. Anderson · filed 2017-06-08(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 under R.C. 2929.14(C)(4) or the sentence is contrary to law. State v. Wenmoth, 8th Dist. Cuyahoga No. 103520, 2016-Ohio-5135, ¶ 12, citing R.C. 2953.08(G)(2).

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

State v. Tucker · filed 2017-06-12(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)(2) permits 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. Kinner · filed 2017-06-19(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 modify or vacate a felony sentence only upon a clear and convincing finding that the record does not support mandatory sentencing findings or that the sentence is otherwise contrary to law.

State v. Ferris · filed 2017-06-23(G)(2)

Under R.C. 2953.08(G)(2), we may only modify or vacate a defendant's sentence if we find, clearly and convincingly, that: (1) the record does not support the mandatory sentencing findings, or (2) that the sentence is “otherwise contrary to law.”

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

State v. Dasen · filed 2017-06-28(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) allows an appellate court to find felony sentencing error when it clearly and convincingly finds that the record does not support the sentencing findings or that the sentence is otherwise contrary to law.

State v. Darden · filed 2017-06-29(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) permits an appellate court to vacate or modify a felony sentence when it clearly and convincingly finds that the record does not support the sentence.

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

Pursuant to R.C. 2953.08(G)(2) and State v. Marcum, 146 Ohio St.3d 516, we cannot vacate or modify Sheffey’s sentence unless we clearly and convincingly find that the record does not support his sentence.

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 the sentence is contrary to law.

State v. Kaaz · filed 2017-07-03(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 alter 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. Henslee · filed 2017-07-10(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 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) directs appellate courts to review felony sentences without applying an abuse-of-discretion standard.

State v. Boatright · filed 2017-07-12(G)(2)

“In reviewing a felony sentence, ‘[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.’” State v. Howard, 9th Dist. Lorain No. 15CA010857, 2016-Ohio-7077, ¶ 5, quoting R.C. 2953.08(G)(2).

Section 2953.08(G)(2) supplies the standard for reviewing felony sentences on appeal; abuse of discretion is not the standard.

State v. Rigel · filed 2017-07-21(G)(2)

In utilizing the standard of review set forth in R.C. 2953.08(G)(2), we no longer use an abuse of discretion standard when reviewing felony sentences.

Section 2953.08(G)(2) supplies the standard for appellate review of felony sentences.

State v. Davis · filed 2017-07-21(G)(2)

In reviewing a felony sentence, we must apply the standard of review set forth in R.C. 2953.08(G)(2), rather than an abuse of discretion standard.

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

State v. Filous · filed 2017-07-31(G)(2)

Under R.C. 2953.08(G)(2), we may only modify or vacate a defendant's sentence if we find, clearly and convincingly, that (1) the record does not support the mandatory sentencing findings, or (2) 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 if clear and convincing evidence shows that the record does not support the relevant statutory findings or that the sentence is otherwise contrary to law.

State v. Hampton · filed 2017-08-03(G)(2)

Under 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 governs appellate review of felony sentences; manifest weight of the evidence is not the review standard.

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

As we have indicated in our response to appellant’s first assignment of error, the standard of appellate review of felony sentences is set forth in R.C. 2953.08, not whether appellant’s sentence was against the manifest weight of the evidence.

An appellate court may reverse a felony sentence when clear and convincing evidence shows that it is contrary to law.

State v. Williams · filed 2017-09-06(G)(2)

Upon review of the record, we conclude that there is clear and convincing evidence that the trial court did not make the findings required to impose consecutive sentences on the record at the sentencing hearing and that its sentence, therefore, is contrary to law.

Section 2953.08(G)(2) does not authorize appellate review of a felony sentence for abuse of discretion.

State v. Parker · filed 2017-09-14(G)(2)

Parker’s challenge thus amounts to an argument that the court abused that discretion — a standard of review we are not authorized to undertake. See R.C. 2953.08(G)(2).

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

State v. Schwarm · filed 2017-09-15(G)(2)

Under R.C. 2953.08(G)(2), we may only vacate or modify a defendant’s sentence if we clearly and convincingly find that the record does not support any mandatory sentencing findings or that the sentences imposed are otherwise contrary to law.

Section 2953.08(G)(2) governs review of felony sentences: abuse of discretion is not the standard, and an appellate court may vacate or modify a sentence only upon a clear and convincing determination that the relevant findings lack record support or the sentence is contrary to law.

State v. Marcum · filed 2017-09-18(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)(2) directs appellate courts to review whether a felony sentence or required findings are clearly and convincingly unsupported by the record or the sentence is otherwise contrary to law.

State v. Stan · filed 2017-09-21(G)(2)

Appellate courts review a felony sentence to determine whether the trial court's findings—or where findings are not required, the sentence itself—are clearly and convincingly unsupported by the record, or whether 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. Ferguson · filed 2017-09-29(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. ... Upon review of the record, Ferguson’s sentence was neither contrary to law nor clearly and convincingly unsupported by the record.

Section 2953.08 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. Sothen · filed 2017-09-29(G)(2)

Accordingly, pursuant to Marcum this 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.

When a felony sentence requires none of the findings specified in § 2953.08(G)(2) and is not contrary to law, appellate review asks whether clear and convincing evidence shows that the record does not support the sentence.

State v. Guerrero-Sanchez · filed 2017-10-13(G)(2)

Because the trial court was not required to make any of the findings addressed in R.C. 2953.08(G)(2) and the 11-year prison sentence is not clearly and convincingly contrary to law, the threshold issue in this case is whether there is clear and convincing evidence that the record does not support the maximum sentence imposed by the trial court.

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

State v. Clyde · filed 2017-10-13(G)(2)

Notably, “The 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) requires clear and convincing grounds to modify or vacate a felony sentence on appeal, including that the sentence is otherwise contrary to law.

State v. Hines · filed 2017-10-23(G)(2)

“(T)his court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals.” ... Therefore, the trial court complied with all applicable rules and statutes and, as a result, appellant’s sentence is not clearly and convincingly contrary to law.

Section 2953.08(G)(2) supplies the standard for reviewing felony sentence terms rather than an abuse of discretion standard.

State v. Chavez · filed 2017-11-03(G)(2)

In reviewing challenges to sentence-terms for felony offenses, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2), rather than an abuse of discretion standard.

Section 2953.08(G)(2) supplies the standard for appellate review of felony sentences rather than an abuse of discretion standard.

State v. Brown · filed 2017-11-03(G)(2)

In reviewing a felony sentence, we must apply the standard of review set forth in R.C. 2953.08(G)(2), rather than an abuse of discretion standard.

Section 2953.08(G)(2) requires an appellate court reviewing a felony sentence to determine by clear and convincing evidence whether the sentence is contrary to law.

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

Thus, we must determine whether, by clear and convincing evidence, whether the sentence in the case at bar is contrary to law.

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

State v. Urconis · filed 2017-11-13(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) 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. Demarco · filed 2017-11-13(G)(2)

We review felony sentences under the standard of review set forth in R.C. 2953.08(G)(2), which states, “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) allows an appellate court to overturn a felony sentence if it clearly and convincingly determines that the record does not support the sentence or the sentence is contrary to law.

State v. Brown · filed 2017-09-12(G)(2)

The trial court was not required to make any findings under the statutes referenced by R.C. 2953.08(G). Therefore, Brown'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. Marcum at ¶ 23.

Section 2953.08(G)(2) permits an appellate court to overturn consecutive sentences if they are otherwise contrary to law or the court clearly and convincingly finds that the record does not support the required findings.

State v. Darling · filed 2017-09-14(G)(2)

R.C. 2953.08(G)(2) provides two grounds for an appellate court to overturn the imposition of consecutive sentences: (1) the sentence is “otherwise contrary to law;” or (2) the appellate court, upon its review, clearly and convincingly finds that “the record does not support the sentencing court’s findings” under R.C. 2929.14(C)(4). ... A trial court’s inadvertent failure to incorporate the statutory findings in the sentencing entry after properly making those findings at the sentencing hearing does not render the sentence contrary to law; rather, such a clerical mistake may be corrected by the court through a nunc pro tunc entry to reflect what actually occurred in open court.

Section 2953.08(G)(2) permits an appellate court to overturn consecutive sentences only if 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. Higginbotham · filed 2017-09-14(G)(2)

Under R.C. 2953.08(G)(2), once the trial court makes the factual findings required by R.C. 2929.14(C)(4), an appellate court may overturn the imposition of consecutive sentences only if it finds, clearly and convincingly, that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law.

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 sentencing findings or that the sentence is contrary to law.

State v. Alhashimi · filed 2017-09-18(G)(2)

Rather, pursuant to R.C. 2953.08(G)(2), an appellate court may only "increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing" if the court finds by clear and convincing evidence "(a) [t]hat the record does not support the sentencing court’s findings[,]" or "(b) [t]hat the sentence is otherwise contrary to law." R.C. 2953.08(G)(2)(a)-(b).

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

State v. Hayes · filed 2017-09-21(G)(2)

Appellate review of felony sentences is governed by R.C. 2953.08, which provides that when reviewing felony sentences, this court 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 modify a felony sentence when it clearly and convincingly finds that the sentence is unsupported by the record or contrary to law.

State v. Whatley · filed 2017-09-21(G)(2)

On review, the record on appeal indicates the trial court considered the appropriate statutory factors, and we cannot clearly and convincingly conclude that the sentence imposed by the trial court was unsupported by the record or contrary to law.

Section 2953.08(G)(2) directs appellate courts to review felony sentences for whether they are clearly and convincingly contrary to law.

State v. Jones · filed 2017-09-25(G)(2)

This court reviews felony sentences pursuant to the standard of review set forth in R.C. 2953.08(G)(2) to determine whether the imposition of those sentences is clearly and convincingly contrary to law.

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

State v. Murton · filed 2017-09-29(G)(2)

The appellate court’s standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... “(b) That the sentence is otherwise contrary to law.” ... None of this is clearly or convincingly contrary to law.

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

State v. Amos-Camacho · filed 2017-10-02(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 modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support required statutory findings or that the sentence is contrary to law.

State v. Maddox · filed 2017-10-05(G)(2)

Appellate review of felony sentences is governed by R.C. 2953.08, which provides that when reviewing felony sentences, this court 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) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Robinson · filed 2017-10-12(G)

Our review of felony sentences is governed by R.C. 2953.08(G), which states in relevant part: 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 * * * if it clearly and convincingly finds * * * [t]hat the sentence is otherwise contrary to law. ... Therefore, Robinson’s sentence is not clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to change a felony sentence only upon a clear and convincing finding that the record does not support required findings or that the sentence is contrary to law; disagreement with how the trial court weighed sentencing factors alone is insufficient.

State v. Frazier · filed 2017-10-12(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may increase, reduce, or modify a sentence, or it may vacate and remand the matter for resentencing, only if we clearly and convincingly find that either the record does not support the sentencing court's statutory findings or the sentence is contrary to law. ... Appellant's sentence is not contrary to law simply because he disagrees with the way in which the trial court weighed the factors under R.C. 2929.11 and 2929.12 and applied these factors in crafting an appropriate sentence.

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

State v. Reed · filed 2017-10-18(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) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support the required sentencing findings or that the sentence is contrary to law.

State v. Osborn · filed 2017-10-19(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 under R.C. 2929.14(C)(4) or the sentence is contrary to law.

Section 2953.08(G)(2) 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. Hitchcock · filed 2017-10-19(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)(a) requires clear and convincing lack of record support to challenge consecutive sentences on appeal.

State v. Brewer · filed 2017-10-20(G)(2)(a)

We have thoroughly reviewed the record, including Court Exhibit I, Brewer’s criminal record, and we find that an argument that the record clearly and convincingly does not support the imposition of consecutive sentences would be frivolous.

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

State v. Cunningham · filed 2017-10-27(G)

Under R.C. 2953.08(G), an appellate court may modify or vacate a sentence only if it finds by clear and convincing evidence that the record does not support the sentence or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only if 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. Crossty · filed 2017-11-01(G)(2)

This court will only modify or vacate a sentence pursuant to R.C. 2953.08(G)(2) if it clearly and convincingly finds either that 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 modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support the sentencing court’s findings.

State v. Ward · filed 2017-11-13(G)(2)

An appellate court may only modify or vacate a sentence if it finds by clear and convincing evidence that the record does not support the sentencing court’s decision.

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

State v. Abrams · filed 2017-11-13(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) requires an appellate court to find by clear and convincing evidence that the record does not support a felony sentence before vacating or modifying it on that ground.

State v. Folk · filed 2017-10-06(G)(2)

We may only vacate or modify Folk’s sentence, then, if we find by clear and convincing evidence that the record does not support the sentence.

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

State v. Pribble · filed 2017-10-30(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." Graham at ¶ 31.

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

State v. Burnette · filed 2017-11-03(G)(2)(b)

We review sentencing challenges under R.C. 2953.08(G)(2). ... Because the trial court complied with the statutory requirements, we find that Burnette’s sentence is not clearly and convincingly contrary to law.

Section 2953.08(G)(2) supplies the clearly-and-convincingly contrary-to-law standard for reviewing a trial court’s determination of jail-time credit.

State v. Cupp · filed 2017-09-29(G)(2)

“We review the trial court’s determination as to the amount of credit to which [a defendant] is entitled under the ‘clearly and convincingly’ contrary to law standard.” State v. Smith, 11th Dist. Geauga No. 2014-G-3185, 2014-Ohio-5076, ¶15, quoting R.C. 2953.08(G)(2); see also State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio- 1002, ¶1.

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

State v. Pishner · filed 2017-11-27(G)(2)

“That is, an appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing evidence that the record does not support the sentence.”

Section 2953.08(G)(2) supplies the appellate standard of review for challenges to the sufficiency of a trial court's findings under section 2929.15(B).

State v. Howard · filed 2017-11-30(G)(2)

R.C. 2953.08(G)(2) is the appropriate appellate standard of review for cases challenging the sufficiency of a trial court's findings pursuant to R.C. 2929.15(B).

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

State v. Merkle · filed 2017-12-04(G)(2)

‘(T)his court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals.’ ... Therefore, the trial court complied with all applicable rules and statutes and, as a result, appellant’s sentence is not clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify 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. Scoggins · filed 2017-12-08(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 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. Harding · filed 2017-12-11(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) directs appellate courts to review felony sentences without an abuse-of-discretion standard.

State v. Bentley · filed 2017-12-11(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to reverse or modify a sentence for unsupported findings only when it clearly and convincingly finds that the record does not support them.

State v. Roberts · filed 2017-12-14(G)(2)

The statute is written in the negative; that is, an appellate court does not need to clearly and convincingly find that the record supports the findings in order to affirm, but instead must clearly and convincingly find that the record does not support the findings in order to reverse or modify a sentence.

Section 2953.08(G) requires an appellate court reviewing sentencing findings to determine whether it can clearly and convincingly find that the record does not support them.

State v. Jones · filed 2017-12-14(G)

We cannot clearly and convincingly find that the record does not support the findings under R.C. 2953.08(G).

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

State v. Hickey · filed 2017-12-14(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may only “increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if the court finds by clear and convincing evidence “(a) [t]hat the record does not support the sentencing court's findings[,]” or “(b) [t]hat the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to disturb a felony fine when the record clearly and convincingly shows that the fine is contrary to law.

State v. Lykins · filed 2017-12-14(G)(2)

Thus, in the case sub judice, we may not disturb the trial court's decision to impose a $1,000 fine unless the record clearly and convincingly shows that the fine is contrary to law.

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

State v. Rodriguez · filed 2017-12-19(G)(2)

Rather, "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. at ¶ 1. ... On review, we find appellant's sentence is not clearly and convincingly contrary to law, and that the record supports appellant's sentence.

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

State v. Petty · filed 2017-12-21(G)(2)

Pursuant to the provisions of R.C. 2953.08(G)(2), "an appellate court does not review the sentencing court's decision for an abuse of discretion." Id., citing Marcum at ¶ 10. Instead, "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., quoting Marcum at ¶ 1.