Ohio Rev. Code Ann. § 2953.08

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 under relevant statutes or that the sentence is otherwise contrary to law.

State v. McQueen · filed 2018-07-09(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.

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. Henderson · filed 2018-07-16(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.” ... Given all the above and the standard of review, we cannot conclude the sentence 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 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. Timmons · filed 2018-07-19(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) 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. Harris · filed 2018-07-20(G)(2)

This court may modify or vacate a felony sentence under R.C. 2953.08(G)(2) only if we clearly and convincingly find that either (1) the record does not support the mandatory sentencing findings, if any, or (2) the sentence is otherwise contrary to law.

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

State v. Norman · filed 2018-07-26(G)(2)

An appellate court may modify a sentence only if the court “clearly and convincingly finds * * * [t]hat 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 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. McGowan · filed 2018-07-26(G)(2)

Our review of felony sentences is governed by 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.”

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. Davis · filed 2018-07-27(G)(2)

Factoring in the above statements, findings, and expressed considerations, we hold the record supports the imposed sentence and that the imposed sentence is not 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 trial court’s findings under relevant statutes or that the sentence is contrary to law.

State v. Hunter · filed 2018-07-30(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.

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. Wiles · filed 2018-08-03(G)(2)

R.C. 2953.08(G)(2) provides that 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 the appellate court clearly and convincingly finds that the record does not support certain statutory findings made by the sentencing court or that the sentence imposed is contrary to law.

Section 2953.08(G)(2) permits an appellate court to reverse a 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. Jacobs · filed 2018-08-13(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)(2) requires an appellate court reviewing a felony sentence to apply a clear-and-convincing standard rather than abuse-of-discretion review.

State v. Kintz · filed 2018-08-17(G)(2)

The appellate court's standard for review is not whether the sentencing court abused its discretion. ... Furthermore, we cannot clearly and convincingly find that the record does not support the trial court's findings.

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

State v. Salman · filed 2018-08-31(G)(2)

On appeal, our standard of review is limited by R.C. 2953.08(G)(2) to whether there is clear and convincing evidence that 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) are supported by the record and whether the sentence is contrary to law.

Section 2953.08(G)(2)(a) permits appellate relief when the court clearly and convincingly finds that the sentencing court’s specified findings are unsupported by the record.

State v. Brown · filed 2018-09-13(G)(2)(a)

Further, our review under R.C. 2953.08(G)(2) is not to determine whether the record clearly and convincingly supports the sentences imposed, as Brown contends, but whether we can clearly and convincingly find that the trial court’s findings are not supported by the record.

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 required findings or that the sentence is contrary to law.

State v. Lodwick · filed 2018-09-14(G)(2)

Instead, the statute states that reviewing courts may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly finds either that (1) “the record does not support the sentencing court's findings” under certain statutory provisions, or (2) “the sentence is otherwise contrary to law.”

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

State v. Payne · filed 2018-09-17(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(G)(2) permits an appellate court to alter or vacate a felony sentence only if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Ropp · filed 2018-09-21(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 when it clearly and convincingly finds that the record does not support the sentence.

State v. Brownlee · filed 2018-09-24(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(G)(2) sets the standard for appellate review of whether a challenged felony sentence is contrary to law.

State v. Hill · filed 2018-09-24(G)(2)

Our review of appellant’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) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the relevant findings lack record support or the sentence is otherwise contrary to law.

State v. Bennett · filed 2018-09-28(G)(2)

“In reviewing a felony sentence, ‘[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.’” State v. Tucker, 9th Dist. Lorain Nos. 16CA010963, 16CA010964, 2017-Ohio-4215, ¶ 8, quoting 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) requires an appellate court reviewing a felony sentence to use a clear-and-convincing standard rather than an abuse-of-discretion standard.

State v. Baker · filed 2018-10-04(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) permits an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is contrary to law.

State v. Daboni · filed 2018-10-05(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 or modify 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. Barnett · filed 2018-10-12(G)(2)

Pursuant to the plain language of R.C. 2953.08(G)(2), we may vacate or modify Barnett’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.” Marcum at ¶ 1.

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. Bradley · filed 2018-08-10(G)(2)

Under R.C. 2953.08(G)(2), however, we do not apply an abuse of discretion standard.

Section 2953.08(G)(2) allows a reviewing court to overturn consecutive felony 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. Henderson · filed 2018-08-09(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences where the court “clearly and convincingly” finds 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 vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.

State v. Braswell · filed 2018-08-10(G)(2)

An appellate court may vacate or modify a felony 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.” Id. Having found no such evidence and having found that the sentence is not contrary to law, we affirm the trial court’s imposition of consecutive sentences.

Section 2953.08(G)(2) requires a clear-and-convincing finding that a felony sentence is contrary to law before an appellate court reverses it.

State v. Gibbons · filed 2018-08-17(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 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. Kremer · filed 2018-08-20(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. State v. Julious, 12th Dist. Butler No. CA2015-12-224, 2016-Ohio-4822, ¶ 8. 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." State v. Harp, 12th Dist. Clermont No. CA2015-12-096, 2016-Ohio-4921, ¶ 7.

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. Patterson · filed 2018-08-22(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) allows an appellate court to vacate or modify a felony sentence only on clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Lenard · filed 2018-08-23(G)(2)

Our review of felony sentences is governed by R.C. 2953.08(G)(2), which allows “an appellate court [to] 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, 21.

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 findings or that the sentence is contrary to law.

State v. Jones · filed 2018-08-31(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 applicable statutory findings 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 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. Lazier · filed 2018-09-04(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) requires appellate courts to review whether a felony sentence is clearly and convincingly contrary to law.

State v. Johnson · filed 2018-09-10(G)(2)

We review 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 upon clear and convincing evidence that the relevant findings lack record support or the sentence is contrary to law.

State v. Fletcher · filed 2018-09-10(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) requires a clear and convincing showing that a felony sentence lacks record support or is contrary to law before an appellate court will disturb it.

State v. Miller · filed 2018-09-17(G)

A sentence will not be disturbed on appeal “absent a showing by clear and convincing evidence that the trial court committed one of the errors described by R.C. 2953.08(G): 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.” ... Accordingly, Appellant has not carried his burden of showing by clear and convincing evidence that the trial court’s sentence was not supported by the record or was contrary to law, and we overrule the third assignment of error.

Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence 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. Ackles · filed 2018-09-17(G)(2)

Thus, “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. Nienberg, 3d Dist. Putnam No. 12-16-15 and 12-16-16, 2017-Ohio-2920, ¶ 8, quoting State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1.

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

State v. Payton · filed 2018-09-21(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 if it clearly and convincingly finds that the sentencing court’s statutory findings lack record support or the sentence is contrary to law.

State v. Kerns · filed 2018-09-24(G)(2)

Furthermore, 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 it clearly and convincingly finds 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 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. Mize · filed 2018-09-24(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 clear and convincing evidence that the relevant findings lack record support or the sentence is contrary to law.

State v. Lynch · filed 2018-09-24(G)(2)

Pursuant to that statute, this court may modify or vacate the trial court's sentencing decision 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." State v. Harp, 12th Dist. Clermont No. CA2015-12-096, 2016- Ohio-4921, ¶ 7.

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

State v. Johnson · filed 2018-09-27(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 vacate or modify a felony sentence only when it clearly and convincingly finds that the record does not support the trial court’s decision or that the sentence is otherwise contrary to law.

State v. Johnson · filed 2018-09-28(G)(2)

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

Section 2953.08(G)(2) governs appellate review of felony sentences under a clear-and-convincing-evidence standard.

State v. Troiano · filed 2018-08-27(G)(2)

Accordingly, we find that Troiano’s sentence is not clearly and convincingly contrary to law because the prison term is within the statutory range and the record fully supports the trial court’s sentencing decision to impose a four-year prison term.

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

State v. Allen · filed 2018-09-21(G)(2)

We must note the standard of review for a felony sentence is not whether the trial court abused its discretion, but rather, R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a sentence if it clearly and convincingly finds either: ... (b) That the sentence is otherwise contrary to law.

Section 2953.08 governs appeals based on felony sentencing guidelines.

State v. Smith · filed 2018-09-13(G)(2)

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

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 trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.

State v. Sanchez · filed 2018-09-24(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." State v. Harp, 12th Dist. Clermont No. CA2015-12-096, 2016-Ohio-4921, ¶ 7.

Section 2953.08(G)(2)(a) does not reference the sentencing purposes in R.C. 2929.11 or the seriousness and recidivism factors in R.C. 2929.12.

State v. Luce · filed 2018-09-24(G)(2)(a)

The General Assembly, under R.C. 2953.08(G)(2), has set forth our general standard of review in felony sentencing matters. However, this Court recognized that subparagraph (G)(2)(a) does not reference R.C. 2929.11 or the seriousness and recidivism factors of R.C. 2929.12.

Section 2953.08(G)(2) directs appellate courts reviewing felony sentences not to use an abuse-of-discretion standard.

State v. Gordon · filed 2018-10-17(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only if 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. Bush · filed 2018-10-18(G)(2)

Instead, we may disturb a felony sentence only if we clearly and convincingly find that either “the record does not support the sentencing court’s findings” or “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2)(a)'s standard of review also applies to sentences imposed after consideration of sections 2929.11 and 2929.12.

State v. O'Cull · filed 2018-11-02(G)(2)(a)

Although R.C. 2953.08(G)(2)(a) does not mention R.C. 2929.11 and 2929.12, the Supreme Court of Ohio has determined that the same standard of review applies to those statutes.

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

State v. Carter · filed 2018-11-02(G)(2)

Under R.C. 2953.08(G)(2), “[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 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. Walsson · filed 2018-11-05(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 otherwise contrary to law.

State v. Square · filed 2018-11-13(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. 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 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) permits an appellate court to disturb a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is otherwise contrary to law.

State v. Clark · filed 2018-11-15(G)(2)

Instead, we may disturb a felony sentence only if we clearly and convincingly find that either “the record does not support the sentencing court’s findings” or “the sentence is otherwise contrary to law.”

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

State v. Garcia · filed 2018-12-03(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 a felony sentence when it clearly and convincingly finds that specified findings lack record support or that the sentence is otherwise contrary to law.

State v. Gamache · filed 2018-10-15(G)(2)

Under R.C. 2953.08(G)(2), appellate courts may vacate, increase, reduce, or modify a sentence if it “clearly and convincingly finds” (1) that the record does not support the findings made by the trial court under R.C. 2929.13, R.C. 2929.14, or R.C. 2929.20; or (2) that the sentence is “otherwise contrary to law.”

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

State v. Devore · filed 2018-10-15(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), R.C. 2929.14(B)(2)(e) or (C)(4), or R.C. 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 clear and convincing evidence shows 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. Johnson · filed 2018-10-19(G)(2)

Based upon 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 when it clearly and convincingly finds that required findings lack record support or that the sentence is otherwise contrary to law.

State v. Abnet · filed 2018-11-01(G)(2)

Under R.C. 2953.08(G)(2) an appellate court may reverse a sentence if it clearly and convincingly finds either that the record does not support the sentencing court's findings as required by specified 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 the required findings or that the sentence is otherwise contrary to law.

State v. Pierce · filed 2018-11-02(G)(2)

In light of the foregoing, we cannot say that the record before us fails to support the imposition of non-minimum and consecutive sentences or that the imposition of these sentences was 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 required sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Burry · filed 2018-11-05(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). ... In light of the foregoing we cannot conclude that the record does not clearly and convincingly support the sentence imposed.

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

State v. Cross · filed 2018-11-15(G)(2)

This court may disturb a felony sentence only if we clearly and convincingly find that either “the record does not support the sentencing court’s findings” or “the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2).

Section 2953.08(G)(2) allows 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. Somers · filed 2018-11-15(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), R.C. §2929.14(B)(2)(e) or (C)(4), or R.C. §2929.20(I), or the sentence is otherwise contrary to law. ... Upon review, we find that the trial court’s imposition of consecutive sentences was supported by the record.

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

State v. Poling · filed 2018-11-16(G)(2)

Poling has not met his burden to show, by clear and convincing evidence, that the sentence imposed by the trial court was unsupported by the record or 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 sentencing findings or that the sentence is contrary to law. The same standard applies to consecutive sentences imposed after community control revocation.

State v. Randolph · filed 2018-11-19(G)(2)

Thus, 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 clearly and convincingly finds “(a) [t]hat the record does not support the sentencing court's findings[,]” or “(b) [t]hat the sentence is otherwise contrary to law.” This same standard applies on appellate review of the imposition of consecutive sentences following a community control revocation hearing.

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. Combs · filed 2018-11-29(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 clear and convincing evidence shows that the record does not support it.

State v. Murnahan · filed 2018-11-30(G)(2)

“[A]n 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). ... Given the record before us, we cannot conclude that Murnahan’s three-year prison sentence is either contrary to law or that there is clear and convincing evidence that the record does not support the 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 specified findings or that the sentence is contrary to law.

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

This statute indicates that “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 sentence only if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

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

Under the standard of review that applies to sentences, we may modify a sentence or vacate the sentence and remand for resentencing only if we clearly and convincingly find that either the record does not support the sentence or the sentence imposed is contrary to law. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 22, citing R.C. 2953.08(G)(2). There was nothing unlawful about the sentence that the trial court imposed here, and the sentence appears to have been supported by the record.

Section 2953.08(G)(2) permits an appellate court to change or remand 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. Nettles · filed 2018-12-07(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either of the following: (a) That the record does not support the sentencing court's findings under * * * division * * * (C)(4) of section 2929.14 * * *; (b) That the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) requires an appellate court reviewing restitution imposed as part of a felony sentence to determine whether it is clearly and convincingly contrary to law.

State v. Anderson · filed 2018-11-15(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),[1] inquiring whether the imposition of restitution is clearly and convincingly contrary to law.

Section 2953.08(G) governs appellate review of felony sentences and does not use abuse of discretion as the standard of review.

State v. Holloway · filed 2018-11-16(G)

In reviewing sentences, we are constrained by the standard of review in R.C. 2953.08(G). ... 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 a felony sentence only if clear and convincing evidence shows that the record does not support the required findings or that the sentence is contrary to law.

State v. Hill · filed 2018-11-19(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.”

Section 2953.08(G)(2) permits reversal of a felony sentence only upon clear and convincing evidence that the record does not support the relevant findings or that the sentence is otherwise contrary to law.

State v. Cole · filed 2018-11-19(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. Nienberg, 3d Dist. Putnam Nos. 12-16-15 and 12-16-16, 2017-Ohio-2920, ¶ 8, quoting State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.

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. Burns · filed 2018-11-19(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 vacate a felony sentence and remand if it clearly and convincingly finds the sentence contrary to law.

State v. Fisher · filed 2018-11-21(G)(2)

An appellate court may vacate a sentence and remand the matter to the sentencing court if it clearly and convincingly finds, as relevant here, that the sentence is 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 required findings or the sentence is contrary to law.

State v. Thoma · filed 2018-11-26(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 overturn consecutive felony 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. Burks · filed 2018-11-29(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences where the court “clearly and convincingly” finds 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 vacate or modify a felony sentence when clear and convincing evidence shows that the record does not support it or that it is otherwise contrary to law.

State v. Damiano · filed 2018-11-30(G)(2)

Instead, based upon the language of R.C. 2953.08(G)(2), we may vacate or modify a felony sentence if we find by clear and convincing evidence that the record does not support the sentence or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits reversal of a sentence only upon clear and convincing evidence that the record does not support the trial court’s findings or that the sentence is contrary to law.

State v. Lafferty · filed 2018-12-03(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.”

Section 2953.08(G)(2) directs appellate courts to review felony sentences for clear and convincing evidence that the sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Woods · filed 2018-12-06(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. ... Upon review, we find that the court made the proper statutory findings concerning consecutive sentences, the record supports the court’s findings, and Woods’s nine-year prison sentence is not otherwise contrary to law.

Section 2953.08(G)(2) governs appellate review of felony sentences and requires clear and convincing evidence that a sentence is unsupported by the record or contrary to law before it may be changed.

State v. Everette · filed 2018-12-06(G)(2)

We review felony sentences under the standard set forth in R.C. 2953.08(G)(2). ... Based on our review of the entire record and the presentence investigation report, we are unable to conclude, 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 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. Rose · filed 2018-12-06(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 uphold a felony sentence as not clearly and convincingly contrary to law when it is within the statutory range and the trial court considered the required sentencing factors and properly imposed post-release control.

State v. Slack · filed 2018-12-06(G)(2)

Upon review, we find the sentence imposed is not clearly and convincingly contrary to law. The sentence is within the statutory range for a felony of the third degree, and the trial court considered the R.C. 2929.11 and 2929.12 factors and properly imposed post-release control.

Section 2953.08(G)(2) governs appellate review of felony sentences and does not use an abuse-of-discretion standard.

State v. Holland · filed 2018-12-06(G)(2)

Under R.C. 2953.08(G)(2), “[t]he appellate court's standard for review is not whether the sentencing court abused its discretion.”

When the trial court makes no findings under the statutes listed in subsection (G)(2)(a), the appellate court reviews whether the sentence is clearly and convincingly contrary to law.

State v. Pack · filed 2018-11-16(G)(2)

Since no findings were made under the relevant statutes listed in R.C. 2953.08(G)(2)(a), the pertinent issue is whether Pack’s 30-month prison sentence was 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 specified sentencing findings lack record support or the sentence is otherwise contrary to law.

State v. Atkinson · filed 2018-10-22(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) governs appellate review of felony sentences and does not use an abuse-of-discretion standard.

State v. Young · filed 2018-12-10(G)(2)

An appellate court generally reviews 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) 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. Reynolds · filed 2018-12-10(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 vacate or modify a felony sentence only when 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. Freeman · filed 2018-12-12(G)(2)

R.C. 2953.08 governs felony-sentencing appeals. When reviewing felony sentences, 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 a very deferential standard for appellate review of felony sentences.

State v. Crim · filed 2018-12-14(G)(2)

State v. Moore, which involved a situation where Moore received a significantly greater prison term than the prison term received by an arguably more culpable co-defendant, was decided before State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.2d 1231, which, in accordance with R.C. 2953.08(G)(2), established the discussed very deferential appellate standard of review regarding felony sentences.

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

State v. George · filed 2018-12-20(G)(2)

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

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. Johnson · filed 2018-12-20(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. ... We can discern from the record that the trial court engaged in the correct analysis and determined that the record contains evidence to support the findings.

Section 2953.08(G)(2) requires an appellate court to find clear and convincing evidence that specified findings lack record support or that a sentence is contrary to law before modifying or vacating it.

State v. Colburn · filed 2018-12-21(G)(2)

As a result, we do not find by clear and convincing evidence that the record does not support appellant’s sentence or that the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to change 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. Olmstead · filed 2018-12-26(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 on 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. Shaffer · filed 2018-12-28(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. State v. Julious, 12th Dist. Butler No. CA2015-12-224, 2016-Ohio-4822, ¶ 8. 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." State v. Harp, 12th Dist. Clermont No. CA2015-12-096, 2016-Ohio-4921, ¶ 7.

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

State v. Ellis · filed 2018-12-28(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 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. Roberts · filed 2019-01-11(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 clear and convincing evidence shows that the relevant findings lack record support or the sentence is contrary to law.

State v. Liming · filed 2019-01-14(G)(2)

As with all felony sentences, we review the trial court's sentencing decision under the standard of review set forth in R.C. 2953.08(G)(2). State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1. Pursuant to that statute, this 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 only upon a clear and convincing finding that specified findings lack record support or that the sentence is contrary to law.

State v. Stanko · filed 2019-01-17(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) the record does not support certain specified findings, or (2) the sentence imposed is contrary to law.

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

State v. Lavette · filed 2019-01-17(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 either that the record does not support the sentencing court’s findings 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 upon clear and convincing evidence that the relevant statutory findings lack record support or the sentence is otherwise contrary to law.

State v. Archer · filed 2019-01-22(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. Tucker, 9th Dist. Lorain Nos. 16CA010963, 16CA010964, 2017-Ohio-4215, ¶ 8, quoting R.C. 2953.08(G)(2). Instead, “an 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) allows an appellate court to modify or vacate a felony sentence only upon clear and convincing evidence that the sentence is contrary to law or that the record does not support specified statutory findings.

State v. Euler · filed 2019-01-25(G)(2)

An appellate court will not modify or vacate a sentence unless it finds by clear and convincing evidence that the sentence is contrary to law or 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.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 22; R.C. 2953.08(G)(2).

Section 2953.08(G)(2) requires appellate courts to review felony sentences under its statutory standard rather than for abuse of discretion.

State v. Barnes · filed 2019-02-01(G)(2)

The 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 change a felony sentence only upon a clear and convincing finding that the specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Ratcliffe · filed 2019-02-01(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 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. Friend · filed 2019-02-01(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 reverse 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. Linebaugh · filed 2019-02-04(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.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.

Section 2953.08(G)(2) requires the appellate court to clearly and convincingly find that the record does not support the sentence before modifying it; it does not require the trial court to have clear and convincing evidence supporting its findings.

State v. Hurd · filed 2019-02-04(G)(2)

“It is important to note ‘that the clear and convincing standard used by R.C. 2953.08(G)(2) is written in the negative. 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 to find clearly and convincingly that a felony sentence is contrary to law before granting relief on that ground.

State v. Borden · filed 2019-02-08(G)(2)

We therefore find appellant’s sentence is not clearly and convincingly contrary to law under 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. Gomez · filed 2019-02-11(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) governs appellate review of felony sentences; abuse of discretion is not the standard.

State v. Sexton · filed 2019-02-15(G)(2)

R.C. 2953.08(G)(2) provides: ... The appellate court’s standard for review is not whether the sentencing court abused its discretion. ... It is undisputed that the trial court made the requisite findings, pursuant to R.C. 2929.14(C)(4), to impose consecutive sentences, and we cannot conclude that the record does not support those findings.

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

State v. Bishop · filed 2019-02-19(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 a court to vacate or modify a felony sentence when clear and convincing evidence shows that the record does not support it or that it is contrary to law.

State v. Marshall · filed 2019-02-22(G)(2)

Contrary to the suggestion in appellate counsel’s brief, however, the issue is not whether the sentence is an abuse of discretion. We “do not review a felony sentence under an abuse of discretion standard. Instead, based upon the language of R.C. 2953.08(G)(2), we may vacate or modify a felony sentence if we find by clear and convincing evidence that the record does not support the sentence or the sentence is otherwise 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 relevant statutory findings or that the sentence is contrary to law.

State v. Jacobs · filed 2019-02-25(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.’” ... Because Jacobs did not carry the burden of demonstrating, by clear and convincing evidence, that his sentence was unsupported by the record, his sole assignment of error is overruled.

Section 2953.08(G)(2) permits an appellate court to reverse a 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. Jackson · filed 2019-02-25(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)(2) allows an appellate court to modify or vacate a felony sentence only if clear and convincing evidence shows that the trial court's findings lack record support or the sentence is contrary to law.

State v. Clowery · filed 2019-03-04(G)(2)

The court does not review under an abuse of discretion standard; 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 trial court's findings are not supported by the record or otherwise contrary to law.

Section 2953.08(G)(2) requires an appellate court reviewing a lawful felony prison term to consider whether the sentence is clearly and convincingly unsupported by the record.

State v. Slater · filed 2019-03-11(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 reviewing a felony sentence.

State v. Irvine · filed 2019-03-20(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. Tucker, 9th Dist. Lorain Nos. 16CA010963, 16CA010964, 2017-Ohio-4215, ¶ 8, quoting R.C. 2953.08(G)(2).

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 the sentence is otherwise contrary to law.

State v. McMasters · filed 2019-03-20(G)(2)

The Ohio Supreme Court concluded the plain language of R.C. 2953.08(G)(2) prohibits the application of the abuse of discretion standard when reviewing a felony sentence. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 10, 16. Instead, “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) bars abuse-of-discretion review of felony sentences and permits modification when the appellate court clearly and convincingly finds the sentence contrary to law.

State v. Cotto · filed 2019-03-21(G)(2)

R.C. 2953.08(G)(2) specifically precludes a review of felony sentences for abuse of discretion. R.C. 2953.08(A)(4) provides that a defendant may appeal his or her sentence on the grounds that it is contrary to law. R.C. 2953.08(G)(2)(b) provides that appellate courts may increase, reduce, or otherwise modify a sentence if it clearly and convincingly finds that the sentence is contrary to law.

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

State v. Moore · filed 2019-03-22(G)(2)

We review felony sentences under R.C. 2953.08(G)(2), and will not modify or vacate a sentence unless appellant demonstrates, by clear and convincing evidence, that the sentence is contrary to law or unsupported by relevant findings in the record.

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. McDonald · filed 2019-03-22(G)(2)

Appellate courts review felony sentences under the standard set forth in R.C. 2953.08(G)(2), which provides 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 reverse a felony sentence only if clear and convincing evidence shows 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. Kunzer · filed 2019-03-25(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.”

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

State v. Hagan · filed 2019-03-25(G)(2)

As with all felony sentences, we review the trial court's sentencing decision under the standard of review set forth in R.C. 2953.08(G)(2). State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1. Pursuant to that statute, this 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 if clear and convincing evidence shows that the record does not support the trial court’s findings or that the sentence is otherwise contrary to law.

State v. Gilmore · filed 2019-03-25(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may modify or vacate a sentence only if there is clear and convincing evidence that the record does not support a trial court's 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 only if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Ferguson · filed 2019-03-29(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.

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 it or that it is otherwise contrary to law.

State v. Dufner · filed 2019-03-29(G)(2)

This deferential standard is mandated by R.C. 2953.08(G)(2), which authorizes us to vacate or modify his sentence only if we determine by clear and convincing evidence that the record does not support the sentence or that it 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 findings lack record support or the sentence is contrary to law.

State v. Moyer · filed 2019-03-29(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 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. McNeil · filed 2019-04-01(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may modify or vacate a sentence only if there is clear and convincing evidence the record does not support the trial court's findings under relevant statutes or the sentence is contrary to law.

Section 2953.08 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 contrary to law.

State v. Asher · filed 2019-04-10(G)(2)(a)

Pursuant to R.C. 2953.08(G)(2)(a), we may modify or vacate a defendant’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) governs appellate review of felony sentences and requires clear and convincing evidence that a sentence is contrary to law or unsupported by the record.

State v. Moore · filed 2019-04-10(G)(2)

When reviewing felony sentences appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2). ... Moore did not meet her burden to establish by clear and convincing evidence that her prison terms are either contrary to law or not supported 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 contrary to law.

State v. Johnson · filed 2019-04-12(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) permits an appellate court to change a felony sentence or remand for resentencing only when the record does not clearly and convincingly support the sentencing findings or the sentence is otherwise contrary to law.

State v. Flanik · filed 2019-04-15(G)(2)

R.C. 2953.08(G)(2) permits an appellate court to review the record and increase, reduce, or vacate the sentence, or remand the matter to the sentencing court for resentencing only if it finds the record does not clearly and convincingly support the sentencing court's 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 if it clearly and convincingly finds unsupported statutory findings or a sentence otherwise contrary to law.

State v. Townsend · filed 2019-04-18(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify a sentence, or vacate a sentence and remand for resentencing if it “clearly and convincingly” find that the record does not support the sentencing court’s statutory findings under certain statutes (not relevant in this appeal) 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 if clear and convincing evidence shows that the record does not support it or that it is contrary to law.

State v. Lindsey · filed 2019-04-26(G)(2)

Under R.C. 2953.08(G)(2), we may vacate or modify a sentence only if we determine by clear and convincing evidence that the record does not support the sentence or that it 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 specified findings lack record support or that the sentence is contrary to law.

State v. Frazier · filed 2019-04-26(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 was contrary to law.

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

State v. Shelton · filed 2019-05-06(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 change 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. Bridges · filed 2019-05-09(G)(2)

Under R.C. 2953.08(G)(2), 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 as required by relevant sentencing statutes, 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 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. Green · filed 2019-05-10(G)(2)

Appellate courts review felony sentences under the standard set forth in R.C. 2953.08(G)(2), which provides that an “appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.”

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

State v. Lawrence · filed 2019-04-08(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. Nienberg, 3d Dist. Putnam Nos. 12-16-15 and 12-16-16, 2017-Ohio-2920, ¶ 8, quoting State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.

Section 2953.08(G)(2) requires a clear and convincing finding that actual vindictiveness made a sentence contrary to law before an appellate court reverses it.

State v. Risko · filed 2019-05-13(G)(2)

We will reverse the sentence only if we clearly and convincingly find the sentence is contrary to law because it was imposed because of actual vindictiveness on the part of the trial court.

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

State v. Smith · filed 2019-05-20(G)(2)

Since the 2016 Marcum decision, it is well-accepted and well-settled throughout Ohio that the appropriate standard of review for felony sentences is found in R.C. 2953.08(G)(2): ... The appellate court’s standard for review is not whether the sentencing court abused its discretion.

Section 2953.08(G)(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. Burke · filed 2019-05-20(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)(a) 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 contrary to law.

State v. Pettus · filed 2019-05-24(G)(2)(a)

Pursuant to R.C. 2953.08(G)(2)(a), we may modify or vacate a defendant’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 sets the standard for appellate review of felony sentences: whether clear and convincing evidence supports the trial court’s findings and whether the sentence is otherwise contrary to law.

State v. Sams · filed 2019-05-24

The standard of appellate review of felony sentences is set forth in R.C. 2953.08. In State v. Tammerine, 6th Dist. Lucas No. L-13-1081, 2014-Ohio-425, ¶ 11, this court defined that standard of review as whether there is clear and convincing evidence to support the trial court’s findings and whether 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 is clearly and convincingly contrary to law or unsupported by the record.

State v. Starr · filed 2019-05-28(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may modify or vacate a felony sentence only if the sentence is clearly and convincingly contrary to law or unsupported by the record.

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

State v. Spencer · filed 2019-06-03(G)(2)

Pursuant to that statute, this 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 when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Simpson · filed 2019-06-03(G)(2)

When reviewing felony sentences, courts apply the standard of review set forth in R.C. 2953.08(G)(2) which provides that an appellate court may increase, 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.”

An appellate court may vacate or modify 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.

State v. Jenkins · filed 2019-06-07(G)(2)

When reviewing a felony sentence, an appellate court may vacate or modify a sentence “only if it determines by clear and convincing evidence” that the record does not support the sentence, or 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). ... Given the above discussion and the very deferential standard of review, we cannot conclude that Jenkins’s sentence was clearly and convincingly not supported by the record.

Section 2953.08(G)(2) supplies the standard for appellate review of a felony sentence imposed after a community control violation.

State v. Baker · filed 2019-06-10(G)(2)

As with all felony sentences, we review the trial court's sentencing decision for a community control violation under the standard set forth by R.C. 2953.08(G)(2).

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

State v. Miller · filed 2019-06-10(G)(2)

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