Ohio Rev. Code Ann. § 2953.08

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 findings or that the sentence is otherwise contrary to law.

State v. Moore · filed 2019-06-17(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(G)(2) sets a two-prong standard for appellate review of felony sentences.

State v. Henderson · filed 2019-06-21(G)(2)

We note that this court reviews felony sentences under the two-prong approach set forth in R.C. 2953.08(G)(2).

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

State v. Oakley · filed 2019-06-24(G)(2)

Based on the trial court’s careful consideration of the sentencing factors, we cannot find that the trial court’s sentence in this matter, which was less than a maximum prison term, was clearly and convincingly contrary to law.

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

State v. Clay · filed 2019-06-24(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) governs appellate review of felony sentences; abuse of discretion is not the applicable standard.

State v. Bradburn · filed 2019-06-24(G)(2)

As a point of clarification, we note that the standard of review for felony sentences is provided by R.C. 2953.08(G)(2). ... Thus, insofar as Bradburn argues that the trial court abused its discretion in applying the statutory factors, this is no longer the applicable standard of review.

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

State v. Grady · filed 2019-05-20(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) 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. Fultz · filed 2019-06-28(G)(2)

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

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

State v. Boyer · filed 2019-06-28(G)(2)

Under that statute, 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 consecutive 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. Rombkowski · filed 2019-06-28(G)(2)

We may increase, modify, or vacate and remand a trial court’s imposition of consecutive sentences 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 reversal of a felony sentence only when it is clearly and convincingly contrary to law or unsupported by the record.

State v. Garrett · filed 2019-07-01(G)(2)

We review all felony sentences pursuant to R.C. 2953.08(G)(2) and will reverse a trial court's sentence only if such sentence is clearly and convincingly contrary to law or is otherwise unsupported by the record.

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. Henry · filed 2019-07-08(G)(2)

Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence “only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1. ... Therefore, there is not clear and convincing evidence that Henry’s sentence is unsupported by the record or that her 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 the sentence is contrary to law.

State v. Lambert · filed 2019-07-12(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) 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. Kendall · filed 2019-07-12(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) requires appellate courts to review felony sentences under its clear-and-convincing standard rather than for abuse of discretion.

State v. Purifoy · filed 2019-07-19(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 change a felony sentence only when the record clearly and convincingly shows that specified sentencing findings lack support or that the sentence is otherwise contrary to law.

State v. Boswell · filed 2019-07-19(G)(2)

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

Section 2953.08(G)(2) supplies the standard for reviewing a felony sentence imposed after community control is revoked, but a finding that community control was violated is reviewed for abuse of discretion.

State v. Noonan · filed 2019-07-22(G)(2)

We therefore properly reviewed the felony sentence in Bishop pursuant to the standard of review set forth in R.C. 2953.08(G)(2). By contrast, appellant's second assignment of error solely relates to the trial court's finding that appellant violated her community control. The decision of a trial court finding a violation of community control will not be disturbed absent an abuse of discretion.

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

State v. Cox · filed 2019-07-29(G)(2)

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

Section 2953.08(G)(2) governs appellate review of felony sentences.

State v. Miller · filed 2019-07-29(G)(2)

Our consideration of a felony sentence is governed solely by R.C. 2953.08(G)(2).

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

State v. Bynum · filed 2019-08-05(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.”

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. Ali · filed 2019-08-09(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 record does not support the relevant statutory findings or that the sentence is otherwise contrary to law.

State v. North · filed 2019-08-12(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, quoting State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.

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 specified findings or that the sentence is contrary to law.

State v. Brown · filed 2019-08-16(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 modify a felony sentence only if it clearly and convincingly finds that the sentencing court’s statutory findings lack record support or that the sentence is contrary to law.

State v. Gooden · filed 2019-07-18(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 provides contrary-to-law review of costs and financial sanctions imposed in a felony sentence.

State v. Lantz · filed 2019-08-16(G)(2)(b)

Turning to the propriety of the costs explicitly imposed in the sentencing entry—prosecution costs and fees permitted under R.C. 2929.18(A)(4)—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) permits an appellate court to change or vacate a felony sentence if it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Brunner · filed 2019-08-16(G)(2)

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

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

State v. Murrill · filed 2019-08-19(G)(2)

This court reviews felony sentences according to R.C. 2953.08(G)(2). State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1. Pursuant to that statute, an appellate court may "increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law and/or (2) unsupported by the record." State v. McGowan, 147 Ohio St.3d 166, 2016-Ohio-2971, ¶ 1, citing Marcum at ¶ 7.

Section 2953.08(G)(2) governs appellate review of felony sentences.

State v. Carter · filed 2019-08-26(G)(2)

Our consideration of a felony sentence is governed solely by R.C. 2953.08(G)(2).

Section 2953.08(G)(2) requires clear and convincing grounds to find a sentence contrary to law.

State v. Figuero · filed 2019-08-05(G)(2)

Based on the foregoing, appellant fails to clearly and convincingly demonstrate that his sentence is contrary to law.

Section 2953.08(G) limits appellate review of a felony sentence to specified findings unsupported by clear and convincing evidence or a sentence contrary to law.

State v. Wynne · filed 2019-08-30(G)

Our standard of review is limited by R.C. 2953.08(G) 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) permits an appellate court to vacate or modify an otherwise lawful felony sentence if it clearly and convincingly finds that the record does not support the sentence.

State v. Perry · filed 2019-09-03(G)

In other words, an appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if it clearly and convincingly finds that the record does not support the sentence.

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

State v. McVay · filed 2019-09-12(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to 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. Hottenstein · filed 2019-09-13(G)(2)

This does not mean, however, that we review a trial court’s sentencing decision for an abuse of discretion. Indeed, 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 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 or that the sentence is contrary to law.

State v. McGinnis · filed 2019-09-20(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 [of the case] 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) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Maire · filed 2019-09-20(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court “may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * * if it clearly and convincingly finds: * * * (b) That the sentence is otherwise contrary to law.” ... Therefore, we hold that appellant has not demonstrated that the trial court’s imposition of the prison sentence was clearly and convincingly contrary to law.

Section 2953.08(G)(2) governs appellate review of felony sentences and permits modification or vacation when the court clearly and convincingly finds that the required findings lack record support or the sentence is contrary to law.

State v. Grace · filed 2019-09-20(G)(2)

Instead, we review such sentencing challenges under R.C. 2953.08(G)(2). ... If the appellate court finds that a sentence is not clearly and convincingly contrary to law, it may vacate or modify the sentence “only if the appellate court finds by clear and convincing evidence that the record does not support the sentence.”

Section 2953.08(G)(2) governs appellate review of a new sentence imposed for a community control violation.

State v. Diehl · filed 2019-09-20(G)(2)

Because the imposition of the penalty for a community control violation is considered a new sentence, we hold that our standard of review of this new sentence is limited by R.C. 2953.08(G)(2).

Section 2953.08(G)(2) sets the standard appellate courts must apply when reviewing felony sentences.

State v. Byers · filed 2019-09-24(G)(2)

When reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2).

Section 2953.08(G)(2) supplies the standard appellate courts must apply when reviewing felony sentences.

State v. Lechner · filed 2019-09-26(G)(2)

When reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2).

Section 2953.08(G)(2) makes abuse of discretion inapplicable as the standard for reviewing a felony sentence on appeal.

State v. Schmidt · filed 2019-09-30(G)(2)

The appellate court’s standard of 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 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. Salmons · filed 2019-09-03(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)(b) requires an appellate court to review a contrary-to-law challenge to a felony sentence for clear and convincing evidence in the record.

State v. Kamal · filed 2019-09-27(G)(2)(b)

We review a contrary-to-law challenge to a trial court’s felony sentencing determination for clear and convincing evidence in the record. R.C. 2953.08(G)(2)(b).

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

State v. Ogletree · filed 2019-09-30(G)(2)

Appellate courts review challenges to criminal sentences according to R.C. 2953.08(G)(2), which provides that the standard of review is not whether the sentencing court abused its discretion but whether the appellate court finds “clearly and convincingly” that the sentence is not supported by the record or is contrary to law.

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

State v. Ford · filed 2019-09-30(G)(2)

R.C. 2953.08(G)(2) sets forth our standard of review upon considering a challenge to a felony sentencing decision. ... Thus, we are authorized to “increase, reduce, or otherwise modify a sentence only when [we] clearly and convincingly find * * * that the sentence is (1) contrary to law and/or (2) unsupported by the record.”

Section 2953.08(G)(2)(b) limits review of this felony sentence to whether it is contrary to law.

State v. Baker · filed 2019-09-30(G)(2)(b)

Our standard of review in this case is limited by R.C. 2953.08(G)(2)(b) to whether 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 relevant statutory findings or that the sentence is otherwise contrary to law.

State v. Perkins · filed 2019-09-30(G)(2)

Our review of a felony sentence is governed solely by 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 modify or vacate a felony sentence only when it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Silaghi · filed 2019-10-03(G)(2)

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

Section 2953.08(G)(2) requires appellate courts to review felony sentences under a clear-and-convincing standard and permits modification or vacatur when that standard is met.

State v. Colburn · filed 2019-10-11(G)(2)

When reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2). ... Consequently, “an appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing evidence that the record does not support the sentence.” Marcum at ¶ 23; Butcher at ¶ 84.

Section 2953.08(G)(2) governs appellate review of felony sentences and requires a clear and convincing finding to modify or vacate a sentence.

State v. Hess · filed 2019-10-15(G)(2)

Our consideration of a felony sentence is governed solely by R.C. 2953.08(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.” Marcum at ¶23.

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

State v. Whitsel · filed 2019-10-21(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to alter 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. Ledford · filed 2019-10-25(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 does not permit an appellate court to substitute its judgment for the trial court’s.

State v. Irwin · filed 2019-10-31(G)(2)

An appellate court reviews a felony sentence pursuant to R.C. 2953.08(G)(2). ... Because appellate courts do not review a felony sentence for abuse of discretion, we are prohibited from substituting our judgment for that of the trial 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 relevant findings or that the sentence is otherwise contrary to law.

State v. Strodes · filed 2019-11-01(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 [of the case] does not support the trial court’s findings under the relevant statutes,” or that the sentence “is otherwise contrary to law.” See State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.2d 1231, ¶ 1; see also R.C. 2953.08(G)(2).

Section 2953.08(G)(2) governs appellate review of felony sentences and permits relief when the court clearly and convincingly finds that the relevant sentencing findings lack record support or the sentence is contrary to law.

State v. Benitez · filed 2019-11-12(G)(2)

This court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals. ... 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) makes abuse of discretion the wrong standard for appellate review of a felony sentence.

State v. Tyler · filed 2019-11-13(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only 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. Taylor · filed 2019-11-18(G)(2)

Revised Code 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 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. Williams · filed 2019-11-20(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) requires an appellate court to review the sentencing record and permits it to vacate a sentence when it clearly and convincingly finds that the record does not support the required findings.

State v. Tackett · filed 2019-11-20(G)(2)

This means that the appellate court must clearly and convincingly find that the record does not support the trial court's findings, which is an extremely deferential standard of review.

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

State v. Wati · filed 2019-11-25(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 does not review the sentencing court's decision for an abuse of discretion.

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 statutory findings or that the sentence is contrary to law.

State v. Savage · filed 2019-11-27(G)(2)

This court reviews sentences under the standard of review set forth in R.C. 2953.08(G)(2). Under that standard, 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) governs appellate review of whether a felony sentence has clear and convincing evidentiary support and is contrary to law.

State v. Robinson · filed 2019-11-27(G)(2)

An appellate court must determine whether the sentence is supported by clear and convincing evidence and whether the sentence is contrary to law.

Section 2953.08(G)(2) governs appellate review of felony sentences; the standard is not whether the sentencing court abused its discretion.

State v. Priest · filed 2019-11-27(G)(2)

Notably, “[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2); Marcum at ¶ 22-23.

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

State v. Sands · filed 2019-12-02(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. Weideman, 11th Dist. Portage No. 2017-P-0059, 2018-Ohio-3108, ¶ 12, citing State v. Smith, 11th Dist. Geauga No. 2014-G-3185, 2014-Ohio-5076, ¶ 15, quoting R.C. 2953.08(G)(2).

Section 2953.08(G)(2) requires clear and convincing review of felony sentences rather than abuse-of-discretion review.

State v. Balch · filed 2019-12-02(G)(2)

“The appellate court’s standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2).

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

State v. Moore · filed 2019-11-22(G)(2)

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

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

State v. J.L.H. · filed 2019-12-05(G)(2)

Pursuant to 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 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. Thompson · filed 2019-12-06(G)(2)

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

Section 2953.08(G)(2) allows an appellate court to change 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. Smith · filed 2019-12-06(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. See State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 9. 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) directs an appellate court to uphold a felony sentence unless required findings are clearly and convincingly unsupported by the record or the sentence is clearly and convincingly contrary to law.

State v. Banas · filed 2019-12-09(G)(2)

Felony sentences are generally reviewed under the standard set forth in R.C. 2953.08(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 alter or vacate a felony sentence only when the record clearly and convincingly fails to support specified findings or the sentence is otherwise contrary to law.

State v. Kitzler · filed 2019-12-13(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence when the record does not support the trial court’s findings by clear and convincing evidence or the sentence is otherwise contrary to law.

State v. Smith · filed 2019-12-20(G)(2)

An appellate court will not disturb a trial court’s felony sentencing decision unless it determines by clear and convincing evidence that the record does not support the trial court’s findings, or that the sentence is otherwise contrary to law. R.C 2953.08(G)(2). ... Therefore, those sentences were 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. Musser · filed 2019-12-20(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 reversal of a felony sentence when the appellate court finds clear and convincing evidence that the record does not support the sentence or that it is contrary to law.

State v. Richards · filed 2019-12-24(G)(2)

"An appellate court will not reverse a trial court's sentencing decision unless the evidence is clear and convincing that either the record does not support the sentence or that the sentence is contrary to law."

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

State v. Lavender · filed 2019-12-27(G)(2)

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

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

State v. Ewing · filed 2020-01-10(G)(2)

In reviewing felony sentences, appellate courts must apply the standard of review found in R.C. 2953.08(G)(2), not an abuse of discretion standard.

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

State v. Jones · filed 2020-01-21(G)(2)

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 when 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. Chandler · filed 2020-01-22(G)(2)

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

State v. Record · filed 2020-01-23(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 vacate and remand a felony sentence if it clearly and convincingly finds that the record does not support specified findings or that the sentence is contrary to law.

State v. Black · filed 2020-01-23(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may vacate and remand a sentence, if the court clearly and convincingly finds that either the record does not support certain specified 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. Waggoner · filed 2020-01-24(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 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. Swaney · filed 2020-01-24(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 requires appellate review of a felony sentence for clear and convincing evidence supporting the trial court’s findings and for whether the sentence is otherwise contrary to law.

State v. Habel · filed 2020-01-24(G)(2)

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 provides for appellate review of felony sentences based on whether clear and convincing evidence supports the trial court’s findings and whether the sentence is otherwise contrary to law.

State v. Martin · filed 2020-01-31

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 sentence when clear and convincing evidence shows that the record does not support the sentencing court's decision.

State v. Stanton · filed 2020-02-03(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to alter 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. Jarrett · filed 2020-02-07(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to 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. Smith · filed 2020-02-10(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) permits an appellate court to vacate or modify a felony sentence when it clearly and convincingly finds the sentence contrary to law or the record does not support it.

State v. Foti · filed 2020-02-10(G)(2)

The standard of review for felony sentences is governed by R.C. 2953.08(G)(2). State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶16. ... Appellate courts “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.” Marcum at ¶23.

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

State v. Kinley · filed 2020-02-19(G)(2)

Pursuant to R.C. 2953.08(G)(2), 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) permits an appellate court to change 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. Stokes · filed 2020-02-21(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 alter 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. Mott · filed 2020-02-21(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 find a felony sentencing error when it clearly and convincingly finds that the specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Barnes · filed 2020-02-27(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” certain provisions of 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 vacate or modify a felony sentence only when it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Clem · filed 2020-02-28(G)(2)

The statute empowers an appellate court to vacate or modify 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.

Section 2953.08(G)(2)(b) supplies the clear-and-convincing-evidence standard for reviewing whether a felony sentence is contrary to law.

State v. Morris · filed 2020-02-28(G)(2)(b)

We review a contrary-to-law challenge to a trial court’s felony sentencing determination for clear and convincing evidence in the record. R.C. 2953.08(G)(2)(b).

Section 2953.08 applies a contrary-to-law standard when an appellate court reviews the imposition of costs in a felony sentence.

State v. Baldwin · filed 2020-02-28(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) requires appellate courts to review felony sentences for clear and convincing evidence that the sentence is contrary to law, rather than for abuse of discretion.

State v. Evans · filed 2020-03-02(G)(2)

The standard of review for felony sentences is governed by R.C. 2953.08(G)(2). ... As previously indicated, we do not review felony sentences for abuse of discretion. ... Thus, our review involves whether Mr. Evans has established that his sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) governs appellate review of felony sentences and permits relief when the court clearly and convincingly finds that the relevant findings lack record support or the sentence is contrary to law.

State v. Smith · filed 2020-03-03(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to 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. Patton · filed 2020-03-03(G)(2)

This court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals. ... 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)(b) supplies a clearly-and-convincingly-contrary-to-law standard for appellate review of costs and financial sanctions.

State v. Walker · filed 2020-03-06(G)(2)(b)

In reviewing the imposition of costs and financial sanctions, our standard of review is whether such imposition was clearly and convincingly contrary to law. R.C. 2953.08(A)(4) and (G)(2)(b); State v. Jeffery, 6th Dist. Sandusky No. S-18-041, 2019-Ohio-4612, ¶ 28.

Section 2953.08(G)(2) requires appellate review of the sentencing record and permits modification or vacation of a felony sentence when the court clearly and convincingly finds unsupported sentencing findings or a sentence contrary to law.

State v. Ulatowski · filed 2020-03-09(G)(2)

In general, “[t]he 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 [or] * * * [t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(a) and (b).

Section 2953.08(G)(2) allows an appellate court to find error in a felony sentence 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. Hagar · filed 2020-03-12(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 modify or vacate a felony sentence only when it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Reynolds · filed 2020-03-13(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 when it finds by clear and convincing evidence that the record does not support the sentence.

State v. Searles · filed 2020-03-16(G)(2)

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

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

State v. Brovey · filed 2020-03-16(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) provides that appellate review of a felony sentence is not for abuse of discretion.

State v. McHugh · filed 2020-03-19(G)(2)

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

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

State v. Kovatch · filed 2020-03-19(G)(2)

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) limits appellate review of a felony sentence to the support for specified sentencing findings and whether the sentence is contrary to law.

State v. Struffolino · filed 2020-03-20(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) sets the standard of review for felony sentences.

State v. Back · filed 2020-02-10(G)(2)

R.C. 2953.08(G)(2) sets forth the standard of review for all felony sentences.

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

State v. Henry · filed 2020-03-20(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 supplies a contrary-to-law standard for appellate review of imposed costs.

State v. Haynes · filed 2020-03-20(A)(4), (G)(2)(b)

As to the costs imposed in case No. 2018CR0351, our standard of review on this issue is whether the imposition of costs was contrary to law.

Section 2953.08(G)(2) does not permit appellate courts to review felony sentences for abuse of discretion.

State v. Youmans · filed 2020-03-25(G)(2)

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

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

State v. Reynolds · filed 2020-03-26(G)(2)

It is well settled that R.C. 2953.08(G)(2) does not permit this court to review a felony sentence for an abuse of discretion.

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. Blakley · filed 2020-03-27(G)(2)

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

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

State v. Daniels · filed 2020-03-30(G)(2)

An appellate court’s standard for review of a felony sentence is not whether the sentencing court abused its discretion. R.C. 2953.08(G)(2). The Supreme Court of Ohio has held that “an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1; R.C. 2953.08(G)(2).

Section 2953.08(G)(2) governs appellate review of felony sentences without an abuse-of-discretion standard.

State v. Cantrill · filed 2020-03-31(G)(2)

We review felony sentences not for abuse of discretion or even “explicit reasoning,” but pursuant to R.C. 2953.08(G)(2).

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

State v. Fitzgerald · filed 2020-04-17(G)(2)

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

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

State v. Mason · filed 2020-04-20(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).

Section 2953.08(G)(2) permits an appellate court to vacate and remand a felony sentence it clearly and convincingly finds contrary to law; that standard also applies to a sentence imposed after a community control revocation hearing.

State v. Taylor · filed 2020-04-23(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or vacate the sentence and remand for resentencing, if the court clearly and convincingly finds that either the record does not support certain statutory findings made by the sentencing court or that the sentence is otherwise contrary to law. This same standard applies to review of a sentence imposed pursuant to a community control revocation hearing.

Section 2953.08(G) permits an appellate court to change or vacate a felony 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. Rosales · filed 2020-04-24(G)

In reviewing felony sentences, appellate courts must apply the standard of review found in R.C. 2953.08(G). Sate v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 9-10. Under this standard, an “appellate court may increase, reduce, or modify a sentence,” or it “may vacate the sentence and remand for resentencing,” only if it “clearly and convincingly” finds either (1) that the record does not support the sentence or (2) that the sentence imposed is contrary to law. Marcum at ¶ 1.

Section 2953.08 provides for review of whether the imposition of sentencing costs is contrary to law.

State v. Brown · filed 2020-04-24(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) 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. Boggs · filed 2020-05-11(G)(2)

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

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

State v. Shinn · filed 2020-05-13(G)(2)

When reviewing a felony sentence, “[t]he appellate court’s standard of 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 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. Crawford · filed 2020-05-14(G)(2)

When reviewing felony sentences, an appellate court may increase, reduce, modify, or vacate a sentence only if it clearly and convincingly finds that either the record does not support the trial court’s statutory findings or that the sentence was contrary to law.

Section 2953.08(G)(2) governs review of a felony sentence imposed after a community control violation and permits modification or vacation only on the stated clear-and-convincing-evidence grounds.

State v. Black · filed 2020-05-18(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). ... 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 reverse a 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. Rodriguez · filed 2020-05-18(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 this evidence, we cannot conclude that Rodriguez has demonstrated, by clear and convincing evidence, that the imposition of consecutive sentences in this case is unsupported by the record.

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. Brooks · filed 2020-05-28(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) supplies the standard for appellate review of felony sentences rather than an abuse of discretion standard.

State v. McNeil · filed 2020-06-05(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) sets the standard for appellate review of a felony sentence: whether clear and convincing evidence supports the sentencing findings or the sentence is otherwise contrary to law.

State v. Eaton · filed 2020-06-05(G)(2)

Our standard of review of a felony sentence is whether there is clear and convincing evidence in the record to support the sentencing court’s findings under R.C. 2929.14(C)(4) or whether the sentence is otherwise contrary to law. R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio St. 3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 7.

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

State v. Scott · filed 2020-06-08(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 if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Hudson · filed 2020-06-10(G)(2)

This court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals. ... 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) sets the standard for appellate review of felony sentences: whether a sentence is clearly and convincingly contrary to law.

State v. McKnight · filed 2020-06-15(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 limits appellate review of felony sentences to whether clear and convincing evidence supports the trial court’s findings and whether the sentence is contrary to law.

State v. Maire · filed 2020-06-26

The standard of appellate review of felony sentences is set forth in R.C. 2953.08. This court outlined that standard of review in State v. Tammerine, 6th Dist. Lucas No. L-13-1081, 2014-Ohio-425, as limiting our review to whether there is clear and convincing evidence to support the trial court’s findings and whether the sentence is 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 contrary to law.

State v. Mason · filed 2020-06-29(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) 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 contrary to law.

State v. Smith · filed 2020-06-30(G)(2)

In reviewing felony sentences, we adhere to the standard delineated in R.C. 2953.08(G)(2) and may only vacate or modify a felony sentence where we clearly and convincingly find that the record does not support the trial court’s mandatory findings under the relevant statutes or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires clear and convincing evidence that the relevant sentencing findings lack record support or that the sentence is otherwise contrary to law before an appellate court may alter a felony sentence.

State v. Howell · filed 2020-06-30(G)(2)

Turning to Appellant’s 24-month prison sentence, this court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals. ... 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 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. Boyce · filed 2020-07-02(G)(2)

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

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

State v. Garrad · filed 2020-07-06(G)(2)

The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: (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 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. Florio · filed 2020-07-22(G)(2)

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

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

State v. Grimes · filed 2020-07-22(G)

Pursuant to R.C. 2953.08(G), this court may vacate or modify a felony sentence on appeal only if clear and convincing evidence does not support the trial court’s findings under relevant statutes 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 relevant findings or that the sentence is otherwise contrary to law.

State v. Tillett · filed 2020-07-27(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) requires an appellate court to uphold a felony sentence unless it clearly and convincingly finds that required findings lack record support or the sentence is contrary to law.

State v. Wilson · filed 2020-07-27(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 alter 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. Jordan · filed 2020-07-28(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) permits an appellate court to vacate or modify 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. Barnes · filed 2020-07-28(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) requires an appellate court reviewing an in-range felony sentence to determine whether the record clearly and convincingly fails to support it.

State v. Rutherford · filed 2020-08-03(G)(2)

Because Rutherford’s prison term is within the permissible range, we must consider whether the sentence is clearly and convincingly not supported by the record.

Section 2953.08 sets a clear-and-convincing-evidence standard for reviewing whether consecutive sentences are contrary to law.

State v. Smith · filed 2020-08-12

The standard of review is whether clear and convincing evidence exists that the trial court imposed consecutive sentences contrary to law. R.C. 2953.08.

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

State v. Eberhardt · filed 2020-08-19(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 reversal of a felony sentence only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Thompson · filed 2020-08-10(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) requires an appellate court to uphold a felony sentence unless clear and convincing evidence shows that the trial court’s findings are unsupported or the sentence is contrary to law.

State v. Beasley · filed 2020-08-14(G)(2)(a)-(b)

When reviewing a felony sentence, an appellate court must uphold the sentence unless the evidence clearly and convincingly does not support the trial court’s findings under the applicable sentencing statutes or the sentence is otherwise contrary to law.

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 contrary to law.

State v. Thomas · filed 2020-08-17(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 reverse a sentence only if 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. Beall · filed 2020-08-17(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) governs appellate review of felony sentences and does not use an abuse-of-discretion standard.

State v. Pitzer · filed 2020-08-26(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.”