Ohio Rev. Code Ann. § 2953.08

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. Agnew · filed 2020-08-31(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 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. Howard · filed 2020-07-24(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 reverse a 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 contrary to law.

State v. Reed · 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) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support the sentencing court's decision.

State v. McAllister · filed 2020-09-17(G)(2)

We review sentencing under R.C. 2953.08(G)(2). ... An appellate court may only modify or vacate a sentence if it finds by clear and convincing evidence that the record does not support the sentencing court's decision.

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

State v. Robinson · filed 2020-09-18(G)(2)

We review sentencing challenges under R.C. 2953.08(G)(2). ... Pursuant to that statute, an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either of the following: ... (b) The sentence is otherwise 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 relevant sentencing findings.

State v. Hedges · filed 2020-09-21(G)(2)

“The standard of review for the imposition of consecutive prison terms is * * * governed by the clearly and convincingly standard set forth in R.C. 2953.08(G)(2).” ... After a thorough review of the record, we cannot clearly and convincingly find that the imposition of two consecutive 30-month sentences for counts one and two was not supported by the record.

Section 2953.08(G)(2) permits an appellate court to alter 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. Bulger · filed 2020-09-25(G)(2)

Our review of felony sentences is governed under R.C. 2953.08(G)(2), which allows an appellate court to 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 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. Brown · filed 2020-09-28(G)(2)

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

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

State v. Phifer · filed 2020-09-30(G)(2)

Pursuant to R.C. 2953.08(G)(2) and Marcum, we cannot vacate or modify Ms. Phifer's sentence unless we clearly and convincingly find that the record does not support her sentence.

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. White · filed 2020-10-07(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) 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 trial court’s findings or that the sentence is otherwise contrary to law.

State v. Kidwell · filed 2020-10-07(G)(2)

We will modify or vacate a sentence only if we clearly and convincingly find that the record does not support the trial court’s findings or that a sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires an appellate court reviewing a felony sentence to determine whether the record clearly and convincingly shows that the sentencing findings lack support or the sentence is contrary to law.

State v. Betts · filed 2020-10-13(G)(2)

In short, we consider whether the trial court made the required findings and whether appellate materials listed in division (F) show, "clearly and convincingly," that the record at sentencing did not support the trial court's findings or that the sentence was contrary to law.

Section 2953.08(G)(2) limits appellate review of a felony sentence to whether specified trial court findings have clear and convincing support in the record and whether the sentence is contrary to law.

State v. Santellana · filed 2020-10-23(G)(2)

Our standard of review is limited by R.C. 2953.08(G)(2) to whether the trial 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 clear and convincing evidence in the record and whether the sentence is contrary to law.

Section 2953.08(G)(2) requires appellate courts to review challenged felony sentences under a clear-and-convincing-evidence standard, rather than for abuse of discretion.

State v. Wright · filed 2020-10-26(G)(2)

Under R.C. 2953.08(G)(2), “[t]he 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 change or vacate a felony sentence only upon a clear and convincing finding that the record does not support specified findings or that the sentence is contrary to law.

State v. Reeder · filed 2020-10-30(G)(2)

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

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

State v. Hawkins · filed 2020-10-30(G)(2)

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

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

State v. Sedgwick · filed 2020-11-02(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 reverse a felony sentence only if clear and convincing evidence shows that the record does not support the relevant statutory findings or that the sentence is otherwise contrary to law.

State v. McCoy · filed 2020-09-21(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 rather than an abuse-of-discretion standard.

State v. Green · filed 2020-11-06(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.

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. Williams · filed 2020-11-09(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) requires appellate courts to review felony sentences for specified unsupported findings or a sentence contrary to law, rather than for abuse of discretion.

State v. Hamilton · filed 2020-11-18(G)(2)

We review felony sentences using the standard of review set forth in R.C. 2953.08(G)(2), which provides in pertinent part: ... The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... (b)That the sentence is otherwise contrary to law (emphasis added).

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

State v. Holsinger · filed 2020-11-20(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(G)(2) permits an appellate court to vacate or modify a felony sentence that is not contrary to law only if clear and convincing evidence shows that the record does not support it.

State v. Chatterton · filed 2020-11-20(G)(2)

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

Section 2953.08(G)’s review standard does not apply to a challenge to the length of an individual sentence under R.C. 2929.11 and 2929.12.

State v. Simmons · filed 2020-12-21(G)

Our review on appeal is therefore limited to whether the trial court’s imposition of the maximum sentence on each individual count is contrary to law under R.C. 2929.11 and 2929.12. We do not review this argument under the standard set forth in R.C. 2953.08(G).

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless the evidence clearly and convincingly fails to support the required findings or the sentence is otherwise contrary to law.

State v. Scurry · filed 2020-11-20(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 modify or vacate a felony sentence only upon a clear and convincing finding that the relevant statutory findings lack record support or the sentence is otherwise contrary to law.

State v. Combs · filed 2020-11-23(G)(2)

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

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

State v. Jenkins · filed 2020-11-25(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) requires appellate courts to review felony sentences under its stated standard rather than for abuse of discretion.

State v. White · filed 2020-12-04(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 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. Scragg · filed 2020-12-04(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 limits appellate review of a felony sentence to whether clear and convincing evidence supports the trial court’s findings and whether the sentence is contrary to law.

State v. Stull · filed 2020-12-11

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 modify or vacate a 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. Vinson · filed 2020-12-14(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 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. Thomas · filed 2020-11-30(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. Lewis · filed 2020-12-28(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: an appellate court may modify a sentence only if it clearly and convincingly finds the sentence contrary to law or unsupported by the record.

State v. Grieco · filed 2020-12-30(G)(2)

When reviewing felony sentences, “[t]he appellate court's standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2). Instead, a reviewing court may “increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law or (2) unsupported by the record.” State v. Brandenburg, 146 Ohio St.3d 221, 2016-Ohio-2970, ¶ 1, citing State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 7.

Section 2953.08(G) limits appellate review of a felony sentence to whether clear and convincing evidence supports specified sentencing findings and whether the sentence is contrary to law.

State v. Mitten · filed 2021-01-15(G)

Our standard of review is limited by statute to whether clear and convincing evidence in the record supports the sentencing court’s findings under certain enumerated statutes and whether the sentence is contrary to law. R.C. 2953.08(G); State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 22-23.

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 contrary to law.

State v. Clinchscales · filed 2021-01-19(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) requires a defendant seeking modification of a felony sentence to show by clear and convincing evidence that the record does not support the sentence.

State v. Zuniga · filed 2021-01-27(G)(2)

To warrant modification of the sentence, Zuniga must show clear and convincing evidence that the record does not support the sentence.

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

State v. Owens · filed 2021-02-01(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 felony sentence only upon clear and convincing evidence that the record does not support required findings or that the sentence is otherwise contrary to law.

State v. Haas · filed 2021-02-01(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.”... Since the record establishes that the trial court considered all required sentencing statutes and that the sentence is supported by the record, we conclude the trial court did not err in imposing the maximum prison sentence of 12 months in this case.

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. Thomas · filed 2021-02-05(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 court costs imposed as part of a felony sentence, rather than abuse-of-discretion review.

State v. Jordan · filed 2021-02-05(G)(2)

We review the imposition of court costs under R.C 2953.08(G)(2), not for abuse of discretion.

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

State v. Burk · filed 2021-02-16(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 upon clear and convincing evidence that the relevant findings lack record support or the sentence is contrary to law.

State v. Saurber · filed 2021-02-22(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 felony sentence when it finds by clear and convincing evidence that the record does not support required statutory findings or that the sentence is otherwise contrary to law.

State v. Glenn · filed 2021-02-01(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) sets the standard for appellate review of felony sentences, replacing abuse of discretion review.

State v. Hess · filed 2021-03-04(G)(2)

When reviewing felony sentences, this court no longer applies an abuse of discretion standard. We review felony sentences under the standard set forth in R.C. 2953.08(G)(2).

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 contrary to law.

State v. Dandy · filed 2021-03-05(G)(2)

Pursuant to R.C. 2953.08(G)(2), 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. ... or the sentence is otherwise contrary to law.

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

State v. Smith · filed 2021-03-08(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 provides for appellate review of felony sentences for clear and convincing support for the trial court’s findings and whether the sentence is otherwise contrary to law.

State v. Sheets · filed 2021-03-12

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)'s review standard does not apply to a sentence challenge based on the principles and purposes in section 2929.11 when the appellant does not challenge the sentence under one of the provisions listed in section 2953.08(G).

State v. Shannon · filed 2021-03-15(G)

As such, the standard under R.C. 2953.08(G) is inapplicable to this matter.

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

State v. Hall · filed 2021-03-15(G)(2)

The standard of review for felony sentences is governed by R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence for actual vindictiveness only when it clearly and convincingly finds the sentence contrary to law.

State v. Daniels · filed 2021-03-15(G)(2)

A court may reverse the sentence only if it clearly and convincingly finds the sentence is contrary to law because it was imposed as a result of actual vindictiveness on the part of the trial court.

Section 2953.08(G)(2) requires appellate courts to use a clear-and-convincing standard when reviewing felony sentences, rather than an abuse-of-discretion standard.

State v. Whitehead · filed 2021-03-18(G)(2)

R.C. 2953.08(G)(2) states that when reviewing felony sentences, an “appellate court’s standard for review is not whether the sentencing court abused its discretion.” Rather, the statute states that if we “clearly and convincingly” find that (1) “the record does not support the sentencing court’s findings under [R.C. 2929.14(C)(4)],” or that (2) “the sentence is otherwise contrary to law,” then we “may increase, reduce, or otherwise modify a sentence * * * or [we] may vacate the sentence and remand the matter to the sentencing court for resentencing.”

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

State v. Ebbing · filed 2021-03-19(G)(2)

Under that statute, 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 certain enumerated 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 trial court's statutory findings lack record support or the sentence is otherwise contrary to law.

State v. Sowell · filed 2021-03-22(G)(2)

We review the trial court's felony sentencing decision pursuant to 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."

When none of the listed findings provisions applies, § 2953.08(G)(2) limits review of a felony restitution order to whether the appellate court clearly and convincingly finds it contrary to law.

State v. Long · filed 2021-03-31(G)(2)

In this case, none of the sections referenced in R.C. 2953.08(G)(2) apply. Thus, our review is limited to determining whether we clearly and convincingly find that the restitution order is “otherwise contrary to law.”

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

State v. Kreischer · filed 2021-04-12(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) supplies the standard appellate courts must use when reviewing felony sentences.

State v. Behrle · filed 2021-04-13(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) sets a clear-and-convincing standard for appellate review of whether the record supports consecutive-sentence findings.

State v. Riley · filed 2021-04-19(G)(2)

An appellate court’s review of felony sentencing is controlled solely by the provisions of R.C. 2953.08(G)(2). ... And, in light of the facts, we cannot clearly and convincingly find that the record does not support the trial court’s finding that consecutive sentences are not disproportionate to Riley’s conduct.

Section 2953.08(G)(2) permits reversal of 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. Moore · filed 2021-04-20(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 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. McDaniel · filed 2021-04-30(G)(2)

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

Section 2953.08(G)(2) prescribes the sole standard for reviewing felony sentences.

State v. Paul · filed 2021-05-10(G)(2)

We take this opportunity to reiterate that the only standard applicable to felony sentencing is that prescribed by R.C. 2953.08(G)(2).

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

State v. Lewis · filed 2021-05-17(G)(2)

Specifically, R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate a sentence and remand for resentencing if it clearly and convincingly finds 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 review of a felony sentence: an appellate court may modify or vacate the sentence only upon clear and convincing evidence that the required findings lack record support or the sentence is contrary to law.

State v. Jamison · filed 2021-05-24(G)(2)

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

Section 2953.08(G)(2) permits reversal of a 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. Gossman · filed 2021-06-07(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 and does not use an abuse-of-discretion standard.

State v. Lazzerini · filed 2021-06-11(G)(2)

Our standard of review of sentencing is set forth 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 the evidence clearly and convincingly fails to support the required findings or the sentence is otherwise contrary to law.

State v. Harmon · filed 2021-06-11(G)(2)

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 modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the required consecutive-sentence findings.

State v. Squires · filed 2021-06-17(G)(2)

When reviewing felony sentences, this court applies the standard of review set forth in R.C. 2953.08(G)(2). ... Only if we “clearly and convincingly” find that the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4) may we increase, reduce, or otherwise modify a sentence, or vacate a sentence and remand for resentencing.

Section 2953.08(G)(2)(b) provides for review of whether imposed sentencing costs are contrary to law.

State v. Ivey · filed 2021-06-25(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 an appellate court to uphold a felony sentence unless clear and convincing evidence shows that the record does not support the required findings or the sentence is contrary to law.

State v. Riffle · filed 2021-06-25(G)(2)

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) requires appellate courts reviewing felony sentences to apply the clear-and-convincing-evidence standard.

State v. McFadden · filed 2021-06-29(G)(2)

R.C. 2953.08(G)(2) commands us to employ the clear-and-convincing- evidence standard.

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. Muhammad · filed 2021-06-30(G)(2)

We begin by observing that pursuant to R.C. 2953.08(G)(2), an appellate court will reverse a trial court's sentencing decision "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 consecutive sentences when it clearly and convincingly finds that the record does not support the required findings or that the sentences are otherwise contrary to law.

State v. Johnson · filed 2021-06-30(G)(2)

Accordingly, because there is not clear and convincing evidence that appellant’s consecutive sentences are unsupported by the record or that they are otherwise contrary to law, appellant’ assignment of error is found not well-taken. See R.C. 2953.08(G)(2).

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

State v. Wood · filed 2021-07-12(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, which are not at issue in this appeal, or that the sentence is otherwise contrary to law.

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

State v. Dodson · filed 2021-07-15(G)(2)

Consequently, 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 the sentence is "otherwise contrary to law."

When none of the findings listed in § 2953.08(G)(2)(a) applies, appellate review of a restitution order is limited to whether the order is clearly and convincingly contrary to law.

State v. Willard · filed 2021-07-26(G)(2)

Here, none of the sections referenced in R.C. 2953.08(G)(2)(a) apply. Thus, our review is limited to determining whether we clearly and convincingly find that the restitution order 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. Welz · filed 2021-07-26(G)(2)

We apply the standard of review for felony sentences, which is governed by R.C. 2953.08(G)(2). ... The appellate court’s standard of review is not whether the sentencing court abused its discretion.

Section 2953.08(G)(2) governs appellate review of felony sentences, including whether a sentence is clearly and convincingly contrary to law.

State v. Fast · filed 2021-07-26(G)(2)

The standard of review for felony sentences is governed by R.C. 2953.08(G)(2). ... Accordingly, Mr. Fast has not established that his sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) governs appellate review of felony sentences and allows relief when a sentence is clearly and convincingly contrary to law.

State v. Trimble · filed 2021-07-28(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.” ... A defendant bears the burden to establish, by clear and convincing evidence, that a sentence is either contrary to law or 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 specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Stoneking · filed 2021-08-03(G)(2)

Under R.C. 2953.08(G)(2), 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 replaces an abuse of discretion standard.

State v. Townsend · filed 2021-08-06(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.

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

State v. Worthen · filed 2021-08-13(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.

When none of the findings listed in subsection (G)(2)(a) apply, appellate review is limited to whether the sentence is clearly and convincingly contrary to law.

State v. Williams · filed 2021-08-16(G)(2)

Here, none of the sections referenced in R.C. 2953.08(G)(2)(a) apply. Thus, our review is limited to determining whether we clearly and convincingly find that the restitution order 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 required findings or that the sentence is otherwise contrary to law.

State v. Gilbert · filed 2021-08-16(G)(2)

Pursuant to that statute, an appellate court may modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes 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 the record does not support the required sentencing findings or that the sentence is otherwise contrary to law.

State v. Kirksey · filed 2021-08-20(G)(2)

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)(a) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the sentence is contrary to law or that the record does not support findings under the listed statutes.

State v. Spurling · filed 2021-09-03(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 sentence is contrary to law or that the record does not support the trial court’s findings under certain enumerated statutes, including R.C. 2929.13(B), R.C. 2929.13(D), R.C. 2929.14(B)(2)(e), R.C. 2929.14(C)(4), and R.C. 2929.20(I).

Section 2953.08(G)(2) governs appellate review of felony sentences under a standard other than abuse of discretion.

State v. Wagner · filed 2021-09-09(G)(2)

R.C. 2953.08(G)(2) governs our review. Under R.C. 2953.08(G)(2) our role is not to determine whether the trial court abused its discretion.

Section 2953.08(G) requires appellate courts reviewing felony sentences to apply a clear-and-convincing standard rather than review for abuse of discretion.

State v. Smith · filed 2021-09-09(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. Id. at ¶ 1. Thus, this court does not review a trial court’s sentence for an abuse of discretion.

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

State v. Deck · filed 2021-09-13(G)(2)

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

Section 2953.08(G)(2) requires an appellant challenging consecutive felony sentences to identify clear and convincing evidence that the trial court’s findings lack record support.

State v. Wadding · filed 2021-09-17(G)(2)

We note that our standard of review of a consecutive, felony sentence is whether the appellant has identified clear and convincing evidence in the record that the trial court’s findings are not supported by the record.

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

State v. White · filed 2021-09-20(G)(2)

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

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

State v. Lemmings · filed 2021-09-20(G)(2)

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

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

State v. Arthurs · filed 2021-09-20(G)(2)

Specifically, R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate a sentence and remand for resentencing if it clearly and convincingly finds 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) 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 contrary to law.

State v. Matthews · filed 2021-10-15(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). Under that statute, an appellate court may increase, reduce, or modify a sentence, or vacate it all together and remand for resentencing, if it “clearly and convincingly finds either (1) the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.” State v. Worthen, 2d Dist. Montgomery No. 29043, 2021-Ohio-2788, ¶ 13.

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

State v. Soto · filed 2021-10-29(G)(2)

When reviewing felony sentences, we apply the standard of review set forth in R.C. 2953.08(G)(2). That statute specifies that an appellate court may increase, reduce, modify or vacate and remand a challenged felony sentence if the appellate court clearly and convincingly finds “the record does not support the sentencing court’s findings” under certain statutory provisions or “the sentence is otherwise contrary to law.” ... Since the trial court imposed one indefinite sentence and one definite sentence for two qualifying felonies, we find the imposition of the definite prison sentence of eight years, for Count 4, is 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 relevant statutory findings or that the sentence is otherwise contrary to law.

State v. Coykendall · filed 2021-11-01(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 when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Batiste · filed 2021-11-10(G)(2)

Instead, R.C. 2953.08(G)(2) provides that appellate courts “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 reviewing court “clearly and convincingly” finds that (a) “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 R.C. 2929.20(I) — statutory provisions that are not at issue here — or that (b) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) provides for appellate review of errors in computing jail-time credit.

State v. Jones · filed 2021-11-24(G)(2)

“An error in the computation of jail-time credit is subject to review under R.C. 2953.08(G)(2).”

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. Norris · filed 2021-11-29(G)(2)

Pursuant to that statute, an appellate court may modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.

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

State v. Martin · filed 2021-12-06(G)(2)

"It is instead the standard of review set forth in R.C. 2953.08(G)(2) that governs all felony sentences."

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

State v. Vinson · filed 2021-12-08(G)(2)

Our standard of review of sentencing is set forth in R.C. 2953.08(G)(2): ... The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by the sentencing court. ... We find the record supports the trial court’s finding consecutive sentences were necessary to protect the public from future crime by Appellant, based on Appellant’s history of criminal conduct.

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

State v. Murphy · filed 2021-12-27(G)(2)

R.C. 2953.08(G)(2) governs appellate review of felony sentences. 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 it finds, 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) governs appellate review of all felony sentences.

State v. Haislip · filed 2021-12-27(G)(2)

It is instead the standard of review set forth in R.C. 2953.08(G)(2) that governs all felony sentences.

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

State v. Reeder · filed 2021-12-27(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may 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 use the clear and convincing evidence standard when reviewing a felony sentence.

State v. Lake · filed 2021-12-30(G)(2)

R.C. 2953.08(G)(2) commands us to employ the clear and convincing evidence standard.

Section 2953.08(G)(2) limits an appellate court’s authority to disturb a felony sentence when the sentence is lawful and within the statutory range.

State v. Coffman · filed 2022-01-27(G)(2)

Here, Coffman’s sentence is not contrary to law, and we find that his sentence is within the statutory range for a third-degree felony. This Court is therefore without authority to disturb Coffman’s sentence absent a finding by clear and convincing evidence that the record does not support the trial court's findings under R.C. 2929.11 and 2929.12.

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

State v. McLeod · filed 2022-01-28(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). Under that statute, an appellate court may increase, reduce, or modify a sentence, or vacate it all together and remand for resentencing, if it “clearly and convincingly finds either (1) the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.” State v. Worthen, 2d Dist. Montgomery No. 29043, 2021-Ohio-2788, ¶ 13.

Section 2953.08(G)(2)(b) permits an appellate court to vacate or modify a felony sentence if clear and convincing evidence shows that it is contrary to law.

State v. Loffing · filed 2022-02-11(G)(2)(b)

R.C. 2953.08(G)(2)(b) establishes the standard that we use to review Loffing’s sentence. This provision permits an appellate court to vacate or modify a felony sentence on appeal if the court determines by clear and convincing evidence that the sentence is “contrary to law.”

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

State v. Dwyer · filed 2022-02-18(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) the record does not support the sentencing court's findings under certain statutes (including R.C. 2929.14(C)(4), which concerns the imposition of consecutive sentences); 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 specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Washington · filed 2022-03-03(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)(b) limits review of a felony sentence imposed after consideration of R.C. 2929.11 and 2929.12 to whether the sentence is contrary to law; lack of record support alone is insufficient.

State v. Webster · filed 2022-02-22(G)(2)(b)

Pursuant to Jones, when reviewing felony sentences that are imposed solely after considering the factors in R.C. 2929.11 and R.C. 2929.12, appellate courts shall no longer analyze whether those sentences are unsupported by the record. Rather, we simply must determine whether those sentences are contrary to law.

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

State v. Lakes · filed 2022-03-10(G)(2)

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

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

State v. Line · filed 2022-03-18(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 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. Cochran · filed 2022-03-21(G)(2)

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

State v. Spargrove · filed 2022-03-24(G)(2)(b)

This court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law. ... The sentence imposed is not clearly and convincingly contrary to law.

Section 2953.08(G)(2) requires an appellate court reviewing a felony sentence to apply a clear-and-convincing standard when deciding whether the record supports specified sentencing findings.

State v. Hamilton · filed 2022-03-25(G)(2)

We review felony sentences under the standard set forth in R.C. 2953.08(G)(2). ... Therefore, we cannot clearly and convincingly find that the record does not support the trial court’s finding that “multiple offenses were committed as part of one or more courses of conduct.”

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

State v. Colburn · filed 2022-03-29(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only 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. Martinez · filed 2022-05-23(G)(2)

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

Section 2953.08(G)(2) governs review of felony sentences, including restitution orders; misdemeanor restitution and reimbursement orders are reviewed for abuse of discretion.

State v. Thames · filed 2022-05-23(G)(2)

In State v. Ciresi, 11th Dist. Geauga, 2020-Ohio-5305, 162 N.E.3d 846, ¶ 5, this court correctly stated that “since the enactment of H.B. 86, we review felony sentences, which include restitution orders, under R.C. 2953.08(G)(2).” ... To clarify, we review restitution and reimbursement orders in a misdemeanor case for an abuse of discretion.

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. Espinoza · filed 2022-05-31(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 the standard of review for felony sentences.

State v. Byas · filed 2022-05-31(G)(2)

The standard of review for felony sentences is governed by R.C. 2953.08(G)(2).

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

State v. Brown · filed 2022-05-31(G)

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

Section 2953.08(G)(2) permits reversal of a felony sentence when clear and convincing evidence shows that required findings lack record support or that the sentence is contrary to law.

State v. Coleman · filed 2022-05-31(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.’ ... Having reviewed the materials in the record, we conclude that Coleman has not carried the burden of establishing that his sentence is clearly and convincingly contrary to law.

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

State v. Briggs · filed 2022-06-09(G)(2)

An appellate court will not reverse a sentencing court's decision unless the evidence is clear and convincing that either the record does not support the sentence or the sentence is "otherwise contrary to law." R.C. 2953.08(G)(2); State v. Robinson, 10th Dist. No. 15AP-910, 2016-Ohio-4638, ¶ 7, citing State v. Chandler, 10th Dist. No. 04AP-895, 2005-Ohio-1961, ¶ 10, citing State v. Maxwell, 10th Dist. No. 02AP-1271, 2004-Ohio-5660, ¶ 27, citing State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, ¶ 10.

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

State v. Meeks · filed 2022-07-15(G)(2)

We review challenges to felony sentencing under R.C. 2953.08(G)(2), which allows us to increase, reduce, or modify a sentence, or vacate the sentence and remand the case for resentencing, only if we clearly and convincingly find either (1) that the record does not support the trial court’s findings under certain statutory sections not applicable here, or (2) “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. Cervantes · filed 2022-07-25(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may 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 appellate courts to review felony sentences for clear and convincing evidence that the sentence is contrary to law.

State v. Orender · filed 2022-08-15(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(G)(2) requires an appellate court to find clearly and convincingly that the record does not support the sentencing court’s findings before it may modify a consecutive felony sentence on that ground.

State v. Schumacher · filed 2022-08-17(G)(2)

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) governs appellate review of felony sentences and permits modification when specified sentencing findings lack record support or the sentence is contrary to law.

State v. Bogle · filed 2022-08-22(G)(2)

We review felony sentences using the standard of review set forth in R.C. 2953.08.

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. Mabe · filed 2022-08-29(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.”

Section 2953.08(G)(2) provides for clear-and-convincing review of felony sentences; a sentence is not contrary to law when the trial court considers the statutory sentencing factors, properly imposes post-release control, and sentences within the statutory range.

State v. Morgan · filed 2022-09-20(G)(2)

R.C. §2953.08 governs appeals claiming a violation of felony sentencing guidelines. ... A sentence is not clearly and convincingly contrary to law where the trial court “considers the principles and purposes of R.C. 2929.11, as well as the factors listed in R.C. 2929.12, properly imposes post release control, and sentences the defendant within the permissible statutory range.” ... We have reviewed the record and found that the trial court fulfilled those requirements as it imposed the sentence, so we find no error.

Section 2953.08(G)(2) supplies the standard for appellate review of a prison term imposed for a post-release-control violation under R.C. 2929.141(A)(1).

State v. King · filed 2022-09-23(G)(2)

We first note that the proper standard of review of a sentence imposed under R.C. 2929.141(A)(1) is the standard set forth in R.C. 2953.08(G)(2), not abuse of discretion.

Section 2953.08(G)(2)(a) applies only to challenges to sentences imposed under the sentencing provisions it lists.

State v. Reffitt · filed 2022-09-26(G)(2)(a)

However, that statute only applies to challenges to sentences imposed under R.C. 2929.13(B) or (D), R.C. 2929.14(B)(2)(e) or (C)(4), and R.C. 2929.20(I), and appellant does not challenge his sentence in reference to any of these statutes.

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless clear and convincing evidence shows that the record does not support the applicable statutory findings or the sentence is otherwise contrary to law.

State v. Pugh · filed 2022-09-29(G)(2)

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) allows an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Kennard · filed 2022-09-30(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). Under that statute, an appellate court may increase, reduce, or modify a sentence, or vacate it altogether and remand for resentencing, if it “clearly and convincingly finds either (1) the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.”

Section 2953.08(G)(2) limits appellate review of felony sentences to whether clear and convincing evidence supports the court’s findings and whether the sentence is contrary to law.

State v. Bricker · filed 2022-09-30(G)(2)

The standard of appellate review for felony sentences is set forth in R.C. 2953.08, which provides, inter alia, that appellate review is limited to whether there is clear and convincing evidence to support the court’s findings and whether the sentence is contrary to law.

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

State v. Scott · filed 2022-10-06(G)(2)

Under R.C. 2953.08(G)(2)(a) and (b), an appellate court “may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter * * * for resentencing” if it “clearly and convincingly” finds “[t]hat the record does not support the sentencing court’s findings under * * * division (B)(2)(e) or (C)(4) of section 2929.14” or “[t]hat the sentence is otherwise contrary to law.”

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

State v. Nowden · filed 2022-10-06(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 that the record does not support certain specified findings or that the sentence imposed is contrary to law.

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

State v. Boldman · filed 2022-10-07(G)(2)

Under that statute, an appellate court may increase, reduce, or otherwise 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 find sentencing error 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. Allen · filed 2022-10-20(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 * * * (C)(4) of section 2929.14 * * *” 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 reversal of a felony sentence when clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Sylvester · filed 2022-10-25(G)(2)

We begin our discussion by observing that pursuant to R.C. 2953.08(G)(2), an appellate court will reverse a trial court's sentencing decision "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 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. Artis · filed 2022-10-27(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 certain sentencing statutes,1 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 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. Atha · filed 2022-10-28(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) the record does not support the sentencing court's findings under certain statutes; or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) 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. Strang · filed 2022-10-28(G)(2)

The standard of appellate review for felony sentences is set forth in R.C. 2953.08, which provides, inter alia, that appellate review is limited 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 only when clear and convincing evidence shows that the record does not support the required statutory findings or that the sentence is otherwise contrary to law.

State v. Wyne · filed 2022-11-14(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.’” ... Hence, Wyne’s sentence is not clearly and convincingly contrary to law, and it must therefore be affirmed.

Section 2953.08(G) does not provide a standard of review for a sentencing challenge based solely on R.C. 2929.11 and 2929.12.

State v. Dixon · filed 2022-11-21(G)

However, that statute only applies to challenges to sentences issued under R.C. 2929.13(B) or (D), R.C. 2929.14(B)(2)(e) or (C)(4), and R.C. 2929.20(I). In this assignment, appellant does not challenge his sentence in reference to any of these statutes. See State v. Shannon, 11th Dist. Trumbull No. 2020-T-0020, 2021-Ohio-789, ¶ 7. Therefore, R.C. 2953.08(G) is unavailing to appellant’s first assignment of error.

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

State v. Stratos · filed 2022-11-30(G)(2)

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

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. Landry · filed 2022-12-09(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 reverse a 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. Reynolds · filed 2022-12-27(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may 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) sets a clear-and-convincing standard for appellate review of consecutive sentences.

State v. Layson · filed 2023-01-13(G)(2)

The standard of review for the imposition of consecutive sentences is governed by the clearly and convincingly standard set forth in R.C. 2953.08(G)(2).

Section 2953.08(G)(2) does not govern appellate review of a decision to revoke community control and reimpose a prison sentence after judicial release; that decision is reviewed for abuse of discretion.

State v. Barefield · filed 2023-01-17(G)(2)

We agree with the courts that have held that an abuse-of-discretion standard applies to a trial court's decision under R.C. 2929.20(K) to revoke community control and reimpose a prison sentence. We reach this conclusion based on the text of R.C. 2953.08(G)(2) and R.C. 2929.20(K). First, as mentioned above, R.C. 2953.08(G)(2) refers to appellate review of R.C. 2929.20(I), which concerns judicial release findings, but does not refer to R.C. 2929.20(K), which concerns revocation of community control after judicial release.