Ohio Rev. Code Ann. § 2953.08

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

State v. Workman · filed 2017-11-20(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 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 otherwise contrary to law.

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

We review the imposed sentence under the standard of review set forth in R.C. 2953.08(G)(2), which governs all felony sentences. ... Pursuant to that statute, an appellate court must 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) sets the clear-and-convincing standard for appellate review of felony sentences.

State v. Nolen · filed 2017-12-04(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) allows an appellate court to modify a felony sentence when clear and convincing evidence shows that the record does not support it.

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

It is now well-established that this court may increase, reduce, or otherwise modify a sentence that by clear and convincing evidence is unsupported by the record.

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 required findings or that the sentence is otherwise contrary to law.

State v. Miller · filed 2017-12-04(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.” State v. Bryant, 11th Dist. Trumbull No. 2015-T-0100, 2016-Ohio-4928, ¶54. See also State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶1, citing R.C. 2953.08(G)(2) To wit, “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.” Marcum, supra.

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 otherwise contrary to law.

State v. Armstrong · filed 2017-12-04(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.”

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence only 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. Mock · filed 2017-12-07(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) permits an appellate court to change or vacate a felony sentence only when 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. Delp · filed 2017-12-07(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) permits a reviewing court to modify or 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. McMillan · filed 2017-12-07(G)(2)

R.C. 2953.08(G)(2) provides that a reviewing court may increase, reduce, modify, or vacate the imposition of consecutive sentences where the 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."

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. Carmichael · filed 2017-12-08(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 modify or vacate a felony sentence if it clearly and convincingly finds that the sentence is contrary to law.

State v. Neal · filed 2017-12-08(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: ... (b) That the sentence is otherwise contrary to law. ... Factoring in the above statements, findings and expressed considerations, we hold the trial court record supports the imposed sentence and the sentence is not contrary to law.

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. Delmont · filed 2017-12-11(G)(2)

Felony sentences are governed primarily by 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.” ... Appellant has not demonstrated, by clear and convincing evidence, that the record does not support the trial court’s findings under the relevant statutes or that 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 that the sentence is contrary to law.

State v. Aldrich · filed 2017-12-11(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 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 specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Taylor · filed 2017-12-11(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 vacate a felony sentence authorized by law when clear and convincing evidence shows that the record does not support it.

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

Accordingly, this court may vacate the sentence and remand the matter for resentencing only if there is clear and convincing evidence that the record does not support the sentence imposed by the trial court.

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. Setty · filed 2017-12-15(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 modify or vacate a felony sentence only 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. McKennelly · filed 2017-12-18(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 modify or vacate a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Kidwell-Tilton · filed 2017-12-18(G)(2)

Pursuant to that statute, an appellate court may modify or vacate a sentence only if, by clear and convincing evidence, "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 the record does not support required sentencing findings or that the sentence is contrary to law.

State v. Rogers · filed 2017-12-21(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 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 otherwise contrary to law.

State v. Cologie · filed 2017-12-22(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.”

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

State v. Sankovitch · filed 2017-12-26(G)(2)

Regarding sentencing, appellate courts review a felony sentence to determine whether it is clearly and convincingly unsupported by the record or is otherwise contrary to law.

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 relevant findings or that the sentence is contrary to law.

State v. Ford · filed 2017-12-29(G)(2)

The Ohio Supreme Court 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.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1; R.C. 2953.08(G)(2).

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 trial court’s findings or that the sentence is contrary to law.

State v. Scott · filed 2017-12-29(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(G)(2) directs an appellate court to review the sentencing record and permits it to change or vacate a felony sentence if it clearly and convincingly finds that the record does not support the required findings or that the sentence is contrary to law.

State v. Starkey · filed 2017-12-29(G)(2)

“The court hearing an appeal [of a felony sentence] shall review the record, including the findings underlying the sentence or modification given by the sentencing court.” R.C. 2953.08(G)(2). “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 * * * [t]hat the record does not support the sentencing court's findings under division * * * (C)(4) of section 2929.14, or * * * [t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(a) and (b). ... Since we can determine from the record that the court engaged in the correct analysis and had evidence to support the findings, although it worded its finding a bit differently in the Entry than at the sentencing hearing, the consecutive sentences are upheld.

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

State v. Childers · filed 2018-01-03(G)(2)

We review felony sentences under the standard set forth in R.C. 2953.08(G)(2). Bever at ¶ 13; State v. Baker, 4th Dist. Athens No. 13CA18, 2014–Ohio–1967, ¶ 25. That statute directs the appellate court to “review the record, including the findings underlying the sentence,” and to modify or vacate the sentence “if it clearly and convincingly finds * * * (a) [t]hat the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14 * * * of the Revised Code * * * [or] (b) [t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2).

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 otherwise contrary to law.

State v. Watkins · filed 2018-01-08(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 change or vacate a felony sentence if it clearly and convincingly finds that the record does not support required sentencing findings or that the sentence is contrary to law.

State v. Binford · filed 2018-01-11(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, or 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)(b) requires appellate courts reviewing restitution in a felony sentence to determine whether the restitution order is clearly and convincingly contrary to law.

State v. Brown · filed 2017-12-22(G)(2)(b)

On review of a trial court’s imposition of restitution as part of a felony sentence, we apply the standard set forth in R.C. 2953.08(G)(2)(b), inquiring whether the imposition of restitution is clearly and convincingly contrary to law.

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

State v. Johnson · filed 2017-12-28(G)(2)

The statute expressly states that the standard of review "is not whether the sentencing court abused its discretion." R.C. 2953.08(G)(2). Rather, an appellate court may overturn the trial court only if the appellate court "clearly and convincingly finds * * * [t]hat the record does not support the sentencing court's findings" required to be made under R.C. 2929.13 or 2929.14, or, if "the sentence is otherwise contrary to law." R.C. 2953.08(G)(2).

Section 2953.08(G)(2) requires an appellate court to find clearly and convincingly that a sentence is contrary to law before modifying or vacating it on that ground.

State v. Bowers · filed 2018-01-05(G)(2)

We will not modify or vacate Bowers’s sentence unless we clearly and convincingly find that it is 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 specified findings lack record support or that the sentence is contrary to law.

State v. Fyffe · filed 2018-01-12(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 permit appellate courts to review felony sentences for abuse of discretion.

State v. Harris · filed 2017-12-18(G)(2)

Pursuant to that statute, an appellate court does not review the sentencing court's decision for an abuse of discretion.

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

State v. Skeins · filed 2018-01-16(G)(2)

Our standard of review is set forth in R.C. 2953.08(G)(2), which states in part: ... “The appellate court's standard for review is not whether the sentencing court abused its discretion.

Section 2953.08(G)(2) governs all sentencing challenges and permits an appellate court to vacate or modify a sentence only on the stated clear-and-convincing-evidence grounds.

State v. Carter · filed 2018-02-02(G)(2)

The standard set forth in R.C. 2953.08(G)(2) applies to all challenges involving sentencing. 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 * * *.

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

State v. Sapper · filed 2018-02-14(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) does not permit an appellate court to review a felony sentence for abuse of discretion.

State v. Highsmith · filed 2018-02-16(G)(2)

An appellate court may not review a trial court’s sentence for an abuse of discretion.

Section 2953.08(G) requires clear and convincing evidence to disturb a felony sentence on the stated grounds, including lack of record support or a sentence contrary to law.

State v. Perez · filed 2018-02-20(G)

A sentence imposed by a trial court will not be disturbed absent a showing by clear and convincing evidence that the sentence is unsupported by the record; the procedure of the sentencing statutes was not followed or there was not a sufficient basis for the imposition of a prison term; or that the sentence is contrary to law. State v. Ward, 3d Dist. Crawford No. 3-17-02, 2017-Ohio-8518. See 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 trial court’s findings or that the sentence is contrary to law.

State v. Bedell · filed 2018-02-28(G)(2)

This court reviews sentences under the standard of review set forth in R.C. 2953.08(G)(2). Under that standard, we may modify or vacate Bedell’s sentence only if we clearly and convincingly find that the record does not support the trial court’s findings or that the sentence is contrary to law.

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 otherwise contrary to law.

State v. Johnson · filed 2018-01-18(G)(2)

The Ohio Supreme Court recently clarified the current standard for appellate review of felony sentences: Applying the plain language of R.C. 2953.08(G)(2), we hold 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) allows an appellate court to overturn 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. Johnson · filed 2018-01-18(G)(2)

R.C. 2953.08(G)(2) provides two grounds for an appellate court to overturn the imposition of consecutive sentences: (1) 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); or (2) the sentence is “otherwise contrary to law.”

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

State v. Landgraf · filed 2018-01-19(G)(2)

The standard set forth in R.C. 2953.08(G)(2) applies to all challenges involving sentencing. 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 * * *.

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 relevant findings lack record support or the sentence is contrary to law.

State v. Carter · filed 2018-01-22(G)(2)

Pursuant to that statute, an appellate court may modify or vacate a sentence only if, by clear and convincing evidence, "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 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. Stefan · filed 2018-01-25(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) permits an appellate court to change or remand a felony sentence only 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. Rivera · filed 2018-01-25(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) permits an appellate court to modify 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 contrary to law.

State v. Johnson · filed 2018-01-25(G)

R.C. 2953.08(G) provides that a court hearing an appeal under R.C. 2953.08(A) “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) 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 vacate a felony sentence and remand when it clearly and convincingly finds the sentence contrary to law.

State v. Clifton · filed 2018-01-25(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.” Rather, the statute states that if we “clearly and convincingly” find that (1) “the record does not support the sentencing court’s findings under [applicable sentencing provisions],” or that (2) “the sentence is otherwise contrary to law,” then we “may increase, reduce, or otherwise modify a sentence * * * or [we] may vacate the sentence and remand the matter to the sentencing court for resentencing.”

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 contrary to law.

State v. Wilson · filed 2018-01-31(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)(b) permits an appellate court to change a felony sentence when it clearly and convincingly finds the sentence contrary to law.

State v. Nettles · filed 2018-02-02(G)(2)(b)

As to appellant’s drug possession conviction (he does not make any arguments specific to his resisting arrest conviction), we review a felony sentence under the two-pronged approach set forth in R.C. 2953.08(G)(2). ... Because the presumption in favor of community control was rebutted and because the sentences were not clearly and convincingly contrary to law, we find that appellant’s third assignment of error is not well-taken.

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 a specified statutory finding.

State v. Evans · filed 2018-02-02(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 only when clear and convincing evidence shows that the record does not support the sentencing court’s findings or that the sentence is contrary to law.

State v. Garrison · filed 2018-02-02(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 reverse 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. Taflinger · filed 2018-02-05(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.’” ... After examining the entire record, we do not find by clear and convincing evidence that the imposition of consecutive sentences was unsupported by the record.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence on clear and convincing evidence that required findings lack record support or the sentence is contrary to law; a clerical error in the sentencing entry does not itself make the sentence contrary to law.

State v. Higgins · filed 2018-02-07(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.” ... Such error is clearly a clerical error which would not render the sentence 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 the required sentencing findings or that the sentence is otherwise contrary to law.

State v. Reyes · filed 2018-02-08(G)(2)

Our standard of review of a felony sentence is found in R.C. 2953.08(G)(2), 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 either of the following: (a) That the record does not support the sentencing court's findings under * * * [R.C. 2929.14(C)(4)] * * *; (b) That the sentence is otherwise contrary to law.

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

State v. Carrisales · filed 2018-02-09(G)(2)

The statute allows an appellate court to increase, reduce, or otherwise modify a sentence or vacate the sentence and remand the matter for resentencing only 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. R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to overturn consecutive sentences when it clearly and convincingly finds that the required findings lack record support or that the sentence is otherwise contrary to law.

State v. Parker · filed 2018-02-15(G)(2)

Under R.C. 2953.08, an appellate court may overturn the imposition of consecutive sentences where “upon its review, [it] clearly and convincingly finds that ‘the record does not support the sentencing court’s findings’ under R.C. 2929.14(C)(4), or the sentence is ‘otherwise contrary to law.’”

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

State v. Ivkovich · filed 2018-02-16(G)(2)

On review of a felony sentence, “an appellate court may vacate or modify [the] 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; see also R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to change 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. Ball · filed 2018-02-16(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) requires an appellate court to modify or vacate a felony sentence when clear and convincing evidence shows that the record does not support specified statutory findings.

State v. Martin · filed 2018-02-16(G)

As such, although entitled to an appeal as of right under R.C. 2953.08(A)(1), her sentence is reviewed under R.C. 2953.08(G), which 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 change or vacate a felony sentence when clear and convincing evidence shows that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Bracey · filed 2018-02-16(G)(2)

R.C. 2953.08(G)(2) provides an appellate court may increase, reduce, modify, or vacate a sentence and remand for resentencing where there is clear and convincing evidence 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 specified sentencing findings lack record support or the sentence is otherwise contrary to law.

State v. Howard · filed 2018-02-20(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 a felony sentence when it clearly and convincingly finds that the sentence is contrary to law or unsupported by the record.

State v. Alspaugh · filed 2018-03-05(G)(2)

Thus, this court may "increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law or (2) unsupported by the record."

Section 2953.08(G)(2) permits an appellate court to overturn consecutive sentences 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. Jones · filed 2018-03-08(G)(2)(a)-(b)

Under R.C. 2953.08, an appellate court may overturn the imposition of consecutive sentences where “upon its review, [it] clearly and convincingly finds that ‘the record does not support the sentencing court’s findings’ under R.C. 2929.14(C)(4), or the sentence is ‘otherwise contrary to law.’”

Section 2953.08(G)(2) allows an appellate court to vacate or alter a felony sentence only if it clearly and convincingly finds that the record fails to support it.

State v. Spencer · filed 2018-03-09(G)(2)

Under R.C. 2953.08(G)(2), we cannot vacate or otherwise alter his sentence unless we clearly and convincingly find that the record fails to support it. Spencer has not met this 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 the required findings or that the sentence is contrary to law.

State v. Evans · filed 2018-03-12(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 or vacate a felony sentence only upon a clear and convincing finding that the record does not support specified findings or that the sentence is contrary to law.

State v. Eaddie · filed 2018-03-15(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 provides a contrary-to-law standard for appellate review of costs and financial sanctions.

State v. Welninski · filed 2018-03-02(A)(4), (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).

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

State v. Smith · filed 2018-03-05(G)(2)

Our standard of review is set forth in R.C. 2953.08(G)(2): ... Because appellant’s prison term is not contrary to law, we must consider whether the sentence is clearly and convincingly not supported by the record.

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

State v. Cook · filed 2018-03-05(G)(2)

Our standard of review is set forth in R.C. 2953.08(G)(2): ... The appellate court’s standard of review is not whether the sentencing court abused its discretion.

Section 2953.08(G)(2) supplies the standard for reviewing a felony sentence and permits vacatur and remand for resentencing.

State v. High · filed 2018-03-05(G)(2)

R.C. 2953.08 governs appeals based on felony sentencing guidelines. ... Upon review, we find the record does not clearly and convincingly support the sentence imposed by the trial court.

Section 2953.08(G)(2) permits an appellate court to find felony sentencing error when it clearly and convincingly finds that the record does not support the sentencing findings under Chapter 2929 or that the sentence is otherwise contrary to law.

State v. Jackson · filed 2018-03-08(G)(2)

R.C. 2953.08(G)(2) provides, in part, that when reviewing felony sentences, the appellate court’s standard 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 (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 review of a felony sentence under a clear-and-convincing standard, rather than for abuse of discretion.

State v. Wright · filed 2018-03-09(G)(2)

Our standard of review of felony sentencing is set forth by statute: ... 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: (a) That the record does not support the sentencing court’s findings * * *; (b) That the sentence is otherwise contrary to law.

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

State v. Corti · filed 2018-03-12(G)(2)

The clear and convincing standard in R.C. 2953.08(G)(2) is highly deferential as the standard is written in the negative.

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 decision or that the sentence is otherwise contrary to law.

State v. Bolden · filed 2018-03-12(G)(2)

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

Section 2953.08 sets the standard for reviewing felony sentences, while this court continues to review restitution orders for abuse of discretion.

State v. Sheets · filed 2018-03-15(G)(2)

We now review felony sentences using the standard of review set forth in R.C. 2953.08. ... However, we have continued, post-Marcum, to review restitution orders under an abuse of discretion standard.

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. Wright · filed 2018-03-15(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 vacate and remand a sentence when it clearly and convincingly finds the sentence contrary to law.

State v. Gueli · filed 2018-03-16(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may increase, decrease, modify, or vacate and remand a disputed trial court sentence if it clearly and convincingly is demonstrated that either the record of evidence did not support applicable statutory findings or the sentence is otherwise contrary to law. ... Wherefore, we find the sentence to be contrary to law, in contravention of R.C. 2949.08(C)(1) and 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 finds by clear and convincing evidence that the record does not support the sentencing findings or that the sentence is contrary to law.

State v. Lilly · filed 2018-03-19(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.”

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 required sentencing findings or that the sentence is contrary to law.

State v. Bush · filed 2018-03-19(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) 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 trial court’s findings or that the sentence is contrary to law.

State v. Scott · filed 2018-03-26(G)(2)

Pursuant to that statute, an appellate court may modify or vacate a sentence only if, by clear and convincing evidence, "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 if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Blanton · filed 2018-03-27(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 vacate a felony sentence when it clearly and convincingly finds that the sentence is contrary to law or unsupported by the record.

State v. Anderson · filed 2018-05-07(G)(2)

As previously stated, an appellate court may vacate a sentence only when it clearly and convincingly finds that the sentence is contrary to law or if it finds “by clear and convincing evidence that the record does not support the sentence.”

Section 2953.08(G)(2) permits an appellate court to change 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. Norman · filed 2018-03-16(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 change a felony sentence if it clearly and convincingly finds that applicable statutory findings lack record support or that the sentence is otherwise contrary to law.

State v. Elmore · filed 2018-03-16(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may increase, decrease, modify, or vacate a disputed felony sentence if it clearly and convincingly finds that applicable statutory findings made by the court were not supported by the record 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 sentencing findings or that the sentence is contrary to law.

State v. Garrison · filed 2018-03-22(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 modify or vacate a felony sentence if it clearly and convincingly finds that the specified statutory findings lack record support or that the sentence is contrary to law.

State v. Buchanan · filed 2018-03-22(G)(2)

When reviewing Buchanan’s felony sentence, 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 under R.C. 2929.14(B)(2), or 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 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. Martin · filed 2018-03-23(G)(2)

“Under R.C. 2953.08(G)(2), we may only modify or vacate [a defendant’s] sentence if we ‘clearly and convincingly find’ that either (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 alter or vacate a felony sentence if it clearly and convincingly finds that the record does not support the specified statutory findings or that the sentence is contrary to law.

State v. Crawford · filed 2018-03-29(G)(2)

When reviewing Crawford’s felony sentence, 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 under R.C. 2929.14(B)(2), or the sentence is contrary to law. R.C. 2953.08(G)(2).

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

State v. Elem · filed 2018-03-29(G)(2)

Pursuant to R.C. 2953.08(G)(2), a reviewing court may vacate or modify a felony sentence if the sentence is contrary to law or if it “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. ... We find that the record clearly and convincingly supports consecutive sentences in this case.

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. Ward · filed 2018-03-30(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 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 otherwise contrary to law.

State v. Rogers · filed 2018-04-09(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."

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 required findings or that the sentence is otherwise contrary to law.

State v. Ervin · filed 2018-04-09(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 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. Thompson · filed 2018-04-12(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) 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 relevant statutory findings or that the sentence is contrary to law.

State v. Hornsby · filed 2018-04-16(G)(2)

We review the imposed sentence under the standard of review set forth in R.C. 2953.08(G)(2), which governs all felony sentences. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1. 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 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 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. Eury · filed 2018-04-16(G)(2)

Rather, R.C. 2953.08(G)(2) provides that an appellate court can 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 relevant sentencing findings lack record support or that the sentence is contrary to law.

State v. Brightman · filed 2018-04-16(G)(2)

Rather, R.C. 2953.08(G)(2) provides that an appellate court can 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) permits an appellate court to modify or vacate a felony sentence only if clear and convincing evidence shows that the record does not support it or that it is contrary to law.

State v. Lawson · filed 2018-04-20(G)

Under R.C. 2953.08(G), an appellate court may modify or vacate a felony 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 if it clearly and convincingly finds that the record does not support the required sentencing findings or that the sentence is otherwise contrary to law.

State v. Howard · filed 2018-04-23(G)(2)

We generally review felony sentences under the standard of review set forth in R.C. 2953.08(G)(2), which states: ... 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.

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

State v. Coleman · filed 2018-04-25(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) provides for appellate review of whether a felony sentence is supported by the record or contrary to law; a sentence within the statutory range is not contrary to law.

State v. Gault · filed 2018-04-30(G)

With this principle in mind, the only remaining questions before us are whether Gault’s sentence was unsupported by the record or whether it was clearly and convincingly contrary to law pursuant to R.C. 2953.08(G). It is not disputed that the sentences ordered fall within the permissible statutory range, therefore they are not 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 court’s findings or that the sentence is otherwise contrary to law.

State v. Kusmisz · filed 2018-05-03(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.” R.C. 2953.08(G)(2)(a)–(b).

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 the required findings or that the sentence is contrary to law.

State v. Moore · filed 2018-05-07(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 modify or vacate a felony sentence if it clearly and convincingly finds that required sentencing findings lack record support or that the sentence is contrary to law.

State v. Morgan · filed 2018-05-10(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.

A felony sentence within the statutory range is not contrary to law when the trial court considers the sentencing criteria in R.C. 2929.11 and 2929.12.

State v. Hite · filed 2018-03-16(G)(2)(b)

A sentence is not contrary to law where the trial court considers the purposes and principles of sentencing under R.C. 2929.11 along with the seriousness and recidivism factors under R.C. 2929.12, and imposes a sentence within the statutory range.

When none of the statutory findings listed in § 2953.08(G)(2) is required, appellate review asks whether the sentence is otherwise contrary to law.

State v. Lane · filed 2018-04-06(G)(2)

Given that the trial court was not required to make any of the findings under R.C. 2929.13(B) or (D), or under any of the other statutes listed in R.C. 2953.08(G)(2), in reviewing Lane’s sentence, it must be determined whether his sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires a reviewing court to find clearly and convincingly that a sentence is contrary to law before reversing it for actual vindictiveness.

State v. Holman · filed 2018-04-09(G)(2)

We will reverse the ... sentence only if we clearly and convincingly find the sentence is contrary to law because it was imposed as a result of actual vindictiveness on the part of the trial court. See R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1; State v. Rahab, 150 Ohio St.3d 152 at ¶33.

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. Jung · filed 2018-04-19(G)(2)

An appellate court “may increase, reduce, or otherwise modify a sentence” or it may vacate a sentence and remand the matter to the trial court for resentencing if it “clearly and convincingly” finds either that: (1) "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 (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits appellate review of a felony sentence for a clear and convincing showing that it is contrary to law.

State v. Walton · filed 2018-04-30(G)(2)

A misapplication of these factors in sentencing that rises to the level of an abuse of discretion is clearly and convincingly contrary to law.

Section 2953.08 supplies a contrary-to-law standard for appellate review of the imposition of costs and financial sanctions.

State v. Hughes · filed 2018-03-30(A)(4), (G)(2)(b)

Our standard of review on this issue is whether the imposition of costs and financial sanctions was contrary to law.

Section 2953.08(G)(2) requires appellate courts to review felony sentences under its statutory standard, not for abuse of discretion.

State v. Williams · filed 2018-04-05(G)(2)

The Marcum court made clear that “appellate courts must adhere to the plain language of R.C. 2953.08(G)(2),” which plainly states that our standard of review is not abuse of discretion.

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 statutory findings or that the sentence is otherwise contrary to law.

State v. Gray-Mosher · filed 2018-04-13(G)(2)

When reviewing a felony sentence, “an appellate court may vacate or modify [the] 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; see also R.C. 2953.08(G)(2).

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. Cobb · filed 2018-04-16(G)(2)

R.C. 2953.08 governs appeals based on felony sentencing guidelines. ... 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. ... Upon review, we find the sentence imposed is not clearly and convincingly contrary to law.

Section 2953.08(G)(2)(b) supplies the standard for reviewing restitution in a felony sentence, but whether a recipient is eligible for restitution is reviewed de novo.

State v. Allen · filed 2018-04-19(G)(2)(b)

On review of a trial court's imposition of restitution as part of a felony sentence, we apply the standard set forth in R.C. 2953.08(G)(2)(b), inquiring whether the imposition of restitution is clearly and convincingly contrary to law. ... However, when the issue is to whom restitution can be awarded, we apply a de novo standard of review.

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

State v. Magwood · filed 2018-04-26(G)(2)

In reviewing felony sentences, we do not review the sentence for an abuse of discretion; rather, we apply the standard of review set forth in R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence when it clearly and convincingly finds that the record does not support it.

State v. Stewart · filed 2018-04-30(G)(2)

Appellate courts “‘“may vacate or modify any sentence that is not clearly and convincingly contrary to law”’” only when the appellate court clearly and convincingly finds that the record does not support the sentence.

Section 2953.08 permits a reviewing court to vacate or modify a felony sentence if clear and convincing evidence shows that the record does not support relevant statutory findings or that the sentence is contrary to law.

State v. Wimbley · filed 2018-05-03

Pursuant to R.C. 2953.08, a reviewing court may vacate or modify a felony sentence if it finds by clear and convincing evidence that the record does not support any relevant statutory findings or the sentence is contrary to law.

Section 2953.08 applies a contrary-to-law standard when reviewing the imposition of costs.

State v. Tucker · filed 2018-05-11(G)(2)(b)

Our standard of review on this issue is whether the imposition of costs was contrary to law.

Section 2953.08(G)(2) does not govern postconviction sentencing petitions, although this court has applied its review standard to them.

State v. Rinehart · filed 2018-03-29(G)(2)

However, since Marcum we have applied the standard of review in R.C. 2953.08(G)(2) to reviews of postconviction relief petitions and other irregular postconviction motions challenging felony sentences even though they are not governed by R.C. 2953.08 and fall outside the context of a direct appeal.

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

State v. Landingham · filed 2018-04-23(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 vacate or modify a felony sentence only if it finds by clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Benton · filed 2018-05-25(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.” Marcum at ¶ 1. ... For the foregoing reasons, we conclude that Benton’s second potential assignment of error is wholly frivolous.

Section 2953.08(G)(2) allows an appellate court to change 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. Moore · filed 2018-06-01(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) requires an appellate court reviewing a felony sentence to examine the record, including the findings underlying the sentence.

State v. Fisher · filed 2018-06-07(G)(2)

Under R.C. 2953.08(G)(2), an appellate court must “review the record, including the findings underlying the sentence * * * given by the sentencing court.”

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 otherwise contrary to law.

State v. Jones · filed 2018-06-08(G)(2)

Instead, as explained in State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, an appellate court, given the plain language of R.C. 2953.08(G)(2), “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) requires appellate courts to review felony sentences under its clear-and-convincing standard rather than for abuse of discretion.

State v. Cencebaugh · filed 2018-06-08(G)(2)

In reviewing felony sentences, 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) 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 decision.

State v. Benvenuto · filed 2018-06-11(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 limits modification or vacation of a felony sentence to cases where the appellate court clearly and convincingly finds that mandatory sentencing findings lack record support or the sentence is contrary to law.

State v. Giuggio · filed 2018-06-19(G)(2)(a)

Pursuant to R.C. 2953.08(G)(2)(a), we may modify or vacate Giuggio’s sentence only if we clearly and convincingly find that the record does not support the mandatory sentencing findings or that the sentence is 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. Atchison · filed 2018-06-22(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 certain specified findings or (2) that the sentence imposed is 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 sentence is contrary to law.

State v. Fetterolf · filed 2018-06-25(G)(2)

The appellate court’s standard for review is not whether the sentencing court abused its discretion. ... Therefore, the 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) sets the standard for reviewing felony sentences and excludes abuse-of-discretion review.

State v. Edwards · filed 2018-06-25(G)(2)

We generally review felony sentences under the standard of review set forth in R.C. 2953.08(G)(2), which states:...The appellate court's standard for review is not whether the sentencing court abused its discretion.

Section 2953.08(G)(2) directs appellate courts reviewing consecutive sentences to apply a standard other than abuse of discretion.

State v. Green · filed 2018-07-12(G)(2)

R.C. 2953.08(G)(2) provides that our review of consecutive sentences is not for an abuse of discretion.

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

State v. Price · filed 2018-07-17(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 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. Brammer · filed 2018-08-03(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.” Marcum at ¶ 1.

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 relevant findings lack record support or that the sentence is contrary to law.

State v. Kubat · filed 2018-08-03(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. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 ¶ 1, citing R.C. 2953.08(G)(2).

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. Weideman · filed 2018-08-06(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) requires an appellate court reviewing specified sentencing findings to determine whether the record clearly and convincingly fails to support them.

State v. Fowler · filed 2018-08-06(G)(2)

We generally review felony sentences under the standard of review set forth in R.C. 2953.08(G)(2), which states: ... We do not clearly and convincingly find that the record fails to support the trial court’s findings.

When the findings listed in § 2953.08(G)(2)(a) are not at issue, the appellate court determines whether the felony sentence is otherwise contrary to law.

State v. Osley · filed 2018-05-18(G)(2)(b)

Here, the findings under R.C. 2953.08(G)(2)(a) are not at issue. Thus, we must determine if 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 required statutory findings lack record support or that the sentence is contrary to law.

State v. Cowdrey · filed 2018-05-18(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may increase, decrease, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds that either applicable statutory findings were not supported by the record or the sentence is otherwise contrary to law.

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

State v. Wright · filed 2018-05-21(G)(2)

We review appellant's sentence under the standard of review set forth in R.C. 2953.08(G)(2), which governs all felony sentences.

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 otherwise contrary to law.

State v. Aburas · filed 2018-05-21(G)(2)

Rather, R.C. 2953.08(G)(2) provides that an appellate court can 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) allows an appellate court to vacate or modify a felony sentence only if it finds by clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.

State v. Hartings · filed 2018-05-25(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.” Marcum at ¶ 1.

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

State v. Buell · filed 2018-06-04(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.’” ... Therefore, there is not clear and convincing evidence that Buell’s sentences are unsupported by the record or that his sentences are otherwise contrary to law.

Section 2953.08(G)(2) requires an appellate court reviewing consecutive sentences to find clearly and convincingly that the record does not support the sentencing findings or that the sentence is contrary to law before overturning it.

State v. Jeffries · filed 2018-06-06(G)(2)

Under these circumstances, we cannot clearly and convincingly find that the record does not support the court’s consecutive-sentencing findings or that the imposition of the consecutive sentence was contrary to law. See R.C. 2953.08(G)(2); State v. White, 2013-Ohio-4225, 997 N.E.2d 629, ¶ 11 (1st Dist.).

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 contrary to law.

State v. Harris · filed 2018-06-07(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 only upon a clear and convincing finding that specified findings lack record support or that the sentence is contrary to law.

State v. Mayberry · filed 2018-06-08(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 reverse a felony sentence and remand for resentencing when it clearly and convincingly finds that the record does not support the required consecutive-sentence findings.

State v. Cozzone · filed 2018-06-11(G)(2)

“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 * * * (C)(4) of section 2929.14, or * * * (b) [t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2). ... Because we clearly and convincingly find that the trial court’s findings are not supported by the record, appellant’s sentence is contrary to law. The sentence must be reversed and the matter remanded for resentencing.

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 otherwise contrary to law.

State v. Ware · filed 2018-06-14(G)(2)

An appellate court “may increase, reduce, or otherwise modify a sentence” or it may vacate a sentence and remand the matter to the trial court for resentencing if it “clearly and convincingly” finds either: (1) “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 (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 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. Noggy · filed 2018-06-18(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.” Marcum at ¶ 1.

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 specified sentencing findings or that the sentence is contrary to law.

State v. McKee · filed 2018-06-18(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 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 vacate or modify a felony sentence only when it clearly and convincingly finds that the record does not support the required sentencing findings or that the sentence is otherwise contrary to law.

State v. Woodward · filed 2018-06-21(G)(2)

Thus, under the plain language of R.C. 2953.08(G)(2), we may vacate or modify a felony sentence on appeal only if we determine by clear and convincing evidence that the record does not support the trial court’s findings under the relevant statutes  in this case, R.C. 2929.14(C)(4)  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 if it clearly and convincingly finds that specified sentencing findings lack record support or the sentence is otherwise contrary to law.

State v. Cousino · filed 2018-06-29(G)(2)

We may increase, modify, or vacate and remand a judgment only if we clearly and convincingly find that: (1) “the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14, * * *” or (2) “the sentence is otherwise contrary to law.”

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

State v. Powell · filed 2018-07-05(G)(2)

Under R.C. 2953.08(G)(2), an appellate 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 under R.C. 2929.14(C)(4) or the sentence is contrary to law.