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 the sentence contrary to law.

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

However, we cannot modify or vacate a felony sentence under R.C. 2953.08(G)(2(b) unless we find “clearly and convincingly” that it is contrary to law.

Section 2953.08(G)(2) excludes abuse-of-discretion review of felony sentences.

State v. Roberts · filed 2023-01-18(G)(2)

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

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

State v. Grier · filed 2023-01-25(G)(2)

We may increase, modify, or vacate and remand a judgment only if we clearly and convincingly find either of the following: “(a) the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant” or “(b) the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) 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. Gregory · filed 2023-02-03(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) sets the clear-and-convincing standard for appellate review of a felony sentence.

State v. Smith · filed 2023-03-01(G)(2)

This court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... Upon review, we find Appellant has failed to show by clear and convincing evidence that his sentence is not supported by the record, or that it is grossly disproportionate to the crime such that it shocks the sense of justice in the community.

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

State v. Barnett · filed 2023-03-06(G)(2)

Pursuant to 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) permits an appellate court to modify or vacate a felony sentence only 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. Rodriguez · filed 2023-03-16(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) governs review of felony sentences and permits an appellate court to modify or vacate a 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. Walker · filed 2023-03-24(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) allows an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.

State v. Church · filed 2023-03-27(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.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.

Section 2953.08(G)(2) governs appellate review of felony sentences and excludes an abuse-of-discretion standard.

State v. Goode · filed 2023-03-17(G)(2)

Felony sentences are not reviewed for an abuse of discretion. Instead, we review a challenge to a felony sentence under R.C. 2953.08(G)(2), which directs that “[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 modify or vacate a felony sentence only if it clearly and convincingly finds that specified sentencing findings lack record support or the sentence is otherwise contrary to law.

State v. Grout · filed 2023-03-31(G)(2)

As a preliminary matter, we note that when reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(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) 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) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that specified findings lack record support or that the sentence is otherwise contrary to law.

State v. Logan · filed 2023-04-06(G)(2)

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

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

State v. Ross · filed 2023-04-10(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 an appellate court to modify a felony sentence if it clearly and convincingly finds the sentence contrary to law; a sentence within the statutory range after consideration of R.C. §§ 2929.11 and 2929.12 is not contrary to law.

State v. Adair · filed 2023-04-10(G)(2)

This Court reviews felony sentences using the standard of review set forth in R.C. §2953.08. ... Upon review, we find the sentence imposed is not clearly and convincingly contrary to law. The sentence is within the statutory range for a felony of the third degree, and the trial court considered the R.C. §2929.11 and R.C. §2929.12 factors.

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. Hall · filed 2023-04-24(G)(2)

The Supreme Court has held that “an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1; R.C. 2953.08(G)(2). ... “Without the context the PSI might provide, we cannot conclude that there is clear and convincing evidence in the record the sentence is contrary to law.” ... We must presume regularity in the proceedings below and affirm.

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

State v. Mosley · filed 2023-04-26(G)(2)

The parties are correct that the proper standard of appellate review is that of clear and convincing evidence. ... Consequently, we cannot clearly and convincingly find that the record in the instant case fails to support the sentencing court's findings under R.C. 2929.13(B) 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 sentence is contrary to law.

State v. Wright · filed 2023-04-27(G)(2)

This Court reviews felony sentences using the standard of review set forth in R.C. § 2953.08. ... Upon review, we find the sentence imposed is not clearly and convincingly contrary to law. The sentences are within the statutory range for felonies of the second and third degree, and the trial court considered the R.C. § 2929.11 and R.C. § 2929.12 factors.

Section 2953.08(G)(2) requires appellate courts to review felony sentences under a clear-and-convincing standard, including whether a sentence is contrary to law.

State v. Johnston · filed 2023-04-27(G)(2)

This Court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... Upon review, we find the sentence imposed is not clearly and convincingly contrary to law.

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

State v. Ross · filed 2023-05-01(G)(2)

The standard of review set forth in R.C. 2953.08(G)(2) governs all felony sentences.

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. Miller · filed 2023-05-03(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) requires an appellate court to uphold a felony sentence unless the record clearly and convincingly fails to support the required findings or the sentence is otherwise contrary to law.

State v. Kempvanee · filed 2023-05-04(G)(2)

Instead, 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) does not use an abuse-of-discretion standard for appellate review of a felony sentence.

State v. Huber · filed 2023-05-17(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) governs appellate review of felony sentences, including whether a sentence is contrary to law.

State v. Ross · filed 2023-05-30(G)(2)

This Court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... Appellant’s sentence was within the statutory range and he does not point to anything in the record showing the court ignored the sentencing factors.

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

State v. Ehrenberg · filed 2023-06-26(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) permits an appellate court to reverse a felony sentence when clear and convincing evidence shows that the sentence is contrary to law.

State v. Van Den Eynde · filed 2023-05-30(G)(2)

Pursuant to 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.’” State v. Runion, 3d Dist. Wyandot No. 16-22-07, 2023-Ohio-254, ¶ 7, quoting State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1.

A felony sentence that is clearly and convincingly contrary to law is an outcome-determinative error for plain-error review.

State v. Taugner · filed 2023-06-26(G)(2)(b)

In the context of felony sentencing, an “outcome determinative” error would be a sentence that is clearly and convincingly contrary to law. State v. Griffin, 8th Dist. Cuyahoga Nos. 110474, 110475, and 110476, 2021-Ohio-4128, ¶ 10; R.C. 2953.08(G)(2)(b).

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

State v. Whitt · filed 2023-07-17(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) permits an appellate court to modify or vacate a felony sentence only upon clear and convincing evidence that the record does not support the trial court’s findings or the sentence is contrary to law.

State v. Demangone · filed 2023-07-24(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) sets the standard of review for all felony sentences.

State v. Goldberg · filed 2023-07-31(G)(2)

The standard of review set forth in R.C. 2953.08(G)(2) 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 relevant findings or that the sentence is otherwise contrary to law.

State v. Palmer · filed 2023-08-07(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.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.

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

State v. Tupps · filed 2023-06-26(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) directs appellate courts reviewing felony sentences to consider the listed statutory findings and whether the sentence is contrary to law.

State v. Six · filed 2023-08-18(G)(2)

Thus, in evaluating sentences, a reviewing court considers both the findings under statutes enumerated in R.C. 2953.08(G) and whether a sentence is contrary to law, as that term has been defined.

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

State v. Skorich · filed 2023-08-25(G)(2)

We note that we do not review the trial court’s sentence under an abuse of discretion standard. Rather, we review challenges to felony sentences under R.C. 2953.08(G)(2).

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

State v. Mills · filed 2023-09-05(G)(2)

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

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

State v. Smith · filed 2023-09-06(G)(2)

When 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) permits an appellate court to modify or vacate a felony sentence only when it clearly and convincingly finds that the record does not support specified findings or that the sentence is otherwise contrary to law.

State v. Stewart · filed 2023-09-15(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 enumerated statutes, or (2) 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. Hubbard · filed 2023-09-28(G)(2)

Instead, we follow the standard of review set forth in R.C. 2953.08(G)(2), which provides in relevant part: The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing. The appellate court’s standard for review is not whether the sentencing court abused its discretion.

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. Hatcher · filed 2023-10-26(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify a sentence, or vacate a sentence and remand for resentencing if it “clearly and convincingly finds” that the “sentence is otherwise contrary to law.” A sentence not authorized by statute is contrary to law.

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

State v. Liddy · filed 2023-11-06(G)(2)

The standard of review for an appeal of a felony sentence is governed by R.C. 2953.08(G)(2).

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

State v. Ray · filed 2023-11-17(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) requires an appellate court to uphold a felony sentence unless the trial court’s statutory findings are clearly and convincingly unsupported or the sentence is otherwise contrary to law.

State v. Simmons · filed 2023-11-22(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. ... Appellant’s sentence is contrary to law insofar as the trial court erred in not making the findings set forth in R.C. 2929.14(C)(4) at the sentencing hearing, which are required for the imposition of consecutive sentences.

Section 2953.08(G)(2) sets the standard for appellate review of felony sentences, including whether a sentence is contrary to law.

State v. Moore · filed 2023-11-30(G)(2)

This Court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... The trial court further indicated it had considered the statements in mitigation, the statements of the parties, the principles and purposes of sentencing in R.C. 2929.11, the seriousness and recidivism factors in R.C. 2929.12, and all other relevant sentencing statutes. Appellant’s sentence is therefore not 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 relevant statutory findings or that the sentence is otherwise contrary to law.

State v. Peters · filed 2023-12-04(G)(2)

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

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

State v. Grimm · filed 2023-12-08(G)

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

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

State v. Potts · filed 2023-12-29(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) limits appellate modification of a felony sentence to cases where the court clearly and convincingly finds that the record does not support specified findings or that the sentence is contrary to law.

State v. Spencer · filed 2024-01-03(G)(2)

Thus, in the case sub judice, we may not disturb the trial court’s decision to impose a $5,000 fine, to require appellant to pay prosecution costs, and to sentence her to consecutive sentences unless the record clearly and convincingly shows that the sentence is contrary to law.

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

State v. Pringle · filed 2024-01-12(G)(2)

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

When the sentencing court need not make findings under the statutes listed in § 2953.08(G)(2), appellate review asks whether the sentence is otherwise contrary to law.

State v. McCoy · filed 2024-01-12(G)(2)

In this case, the trial court was not required to make findings under the statutes enumerated in R.C. 2953.08(G)(2); accordingly, we must simply consider whether McCoy’s sentence is otherwise contrary to law.

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

State v. Ball · filed 2024-01-29(G)(2)

This court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... Upon our review of the record, we find the trial court properly informed Ball of the consequences of his plea and Ball's sentence is not clearly and convincingly contrary to law.

Section 2953.08(G)(2) allows an appellate court to reverse a 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. Bush · filed 2023-12-11(G)(2)

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

Section 2953.08(G) permits an appellate court to modify 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. Young · filed 2024-02-02(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.” State v. Worthen, 2d Dist. Montgomery No. 29043, 2021-Ohio-2788, ¶ 13.

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

State v. Walker · filed 2024-02-09(G)(2)

Under that statute, an appellate court may increase, reduce, or otherwise 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, including the sentencing court’s consecutive sentencing findings under R.C. 2929.14(C)(4), or (2) that the sentence imposed is contrary to law.

Section 2953.08(G)(2) requires an appellate court to affirm a felony sentence unless the record clearly and convincingly fails to support the trial court’s statutory findings or the sentence is otherwise contrary to law.

State v. Chipps · filed 2024-02-21(G)(2)

Instead, when reviewing a felony sentence, an appellate court must affirm the sentence unless the evidence clearly and convincingly fails to support the trial court's findings under the sentencing statutes or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless the evidence clearly and convincingly does not support the applicable sentencing findings or the sentence is otherwise contrary to law.

State v. Derrick · filed 2024-02-13(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 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. Hogya · filed 2024-02-20(G)(2)

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

Section 2953.08(G)(2) permits reversal of a sentence for actual judicial vindictiveness when the appellate court clearly and convincingly finds the sentence contrary to law.

State v. Ellison · filed 2024-02-21(G)(2)

“We will reverse the sentence only if we clearly and convincingly find the sentence is contrary to law because it was imposed as a result of actual vindictiveness on the part of the trial court.” Id., citing R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1. ... Accordingly, Appellant’s sentence is not contrary to law. Id., citing R.C. 2953.08(G)(2); Marcum, supra, at ¶ 1.

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

State v. Flickinger · filed 2024-02-26(G)(2)

As to Flickinger's sentence, this court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... Flickinger's sentence is therefore not clearly and convincingly contrary to law.

Section 2953.08(G)(2) governs appellate review of felony sentences and requires clear and convincing grounds to change a sentence.

State v. McCants · filed 2024-03-04(G)(2)

The standard of review for an appeal of a felony sentence 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. ... McCants has failed to demonstrate that his conviction is clearly and convincingly unsupported by the record or contrary to law.

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

State v. Honey · filed 2024-03-07(G)(2)

Pursuant to R.C. 2953.08(G)(2), when reviewing felony sentences, an “appellate court may increase, reduce, or otherwise modify a sentence,” or vacate a sentence and remand for resentencing if it “clearly and convincingly finds” that “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 challenges to felony sentences.

State v. Bickerstaff · filed 2024-03-08(G)(2)

We review a challenge to a felony sentence under R.C. 2953.08(G)(2).

Section 2953.08(G)(2) governs appellate review of felony sentences and permits modification or remand upon a clear and convincing finding that specified sentencing findings lack record support or the sentence is contrary to law.

State v. McHargue · filed 2024-03-08(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) bars appellate courts from reviewing felony sentences for abuse of discretion.

State v. Newell · filed 2024-03-14(G)(2)

That statute explicitly states “[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2). Consequently, appellate courts may not apply the abuse of discretion standard in sentencing challenges.

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

State v. Netter · filed 2024-03-20(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 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 contrary to law.

State v. Jones · filed 2024-03-27(G)(2)

R.C. 2953.08(G) permits an appellate court to increase, reduce, otherwise modify, or vacate a 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.

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. Hawk · filed 2024-03-29(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 sentence only upon clear and convincing evidence that the record does not support the trial court’s findings or that the sentence is contrary to law.

State v. Platt · filed 2024-04-02(G)(2)

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

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

State v. Armstrong · filed 2024-04-04(G)(2)

We review felony sentences under the standard set forth in R.C. 2953.08(G)(2).

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

State v. Cline · filed 2024-04-09(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) governs appellate review of felony sentences and excludes an abuse-of-discretion standard.

State v. Bell · filed 2024-04-12(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 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. Yount · filed 2024-04-19(G)(2)

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.” State v. Worthen, 2d Dist. Montgomery No. 29043, 2021-Ohio-2788, ¶ 13.

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

State v. Vannatter · filed 2024-04-24(G)(2)

Under that standard, an appellate court may modify or vacate Vannatter’s sentence if it “clearly and convincingly find[s]” that either (1) the record does not support the mandatory sentencing findings, or (2) that the sentence is “otherwise contrary to law.”

Section 2953.08(G)(2) permits reversal of a 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. Rogan · filed 2024-04-09(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) permits an appellate court to modify or vacate a sentence when it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is otherwise contrary to law.

State v. Kirby · filed 2024-05-23(G)(2)

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

State v. Hale · filed 2024-05-29(G)(2)

Under R.C. §2953.08(G)(2), this Court may either increase, reduce, modify, or vacate a sentence and remand for resentencing if 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) supplies the standard of review in felony sentencing appeals.

State v. Tinsley · filed 2024-06-04(G)

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

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

State v. Underwood · filed 2024-06-11(G)(2)

Under 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) allows an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Mayle · filed 2024-06-20(G)(2)

As for Mayle's sentence, this court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... Mayle's sentence is therefore not clearly and convincingly 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 sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Wood · filed 2024-06-25(G)(2)

An appellate court may increase, modify, or vacate and remand a judgment only if it clearly and convincingly finds either “(a) the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant” or “(b) the sentence is otherwise contrary to law.” State v. Yeager, 6th Dist. Sandusky No. S-15-025, 2016-Ohio-4759, 2016 WL 3573887, ¶ 7, citing R.C. 2953.08(G)(2).

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

State v. Tinsley · filed 2024-06-27(G)(2)

When reviewing felony sentences, R.C. 2953.08(G)(2) provides, in part, that the appellate court’s standard of review is not whether the sentencing court abused its discretion; rather, if this court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under 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” or (2) “the sentence is otherwise contrary to law,” then we may conclude that the court erred in sentencing. ... Because Tinsely’s sentence is within the statutory range and the trial court considered the statutory factors when imposing her sentence, we cannot say that Tinsley’s sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence 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. Oberschlake · filed 2024-07-22(G)(2)

A felony sentence is reviewed under the standard in R.C. 2953.08(G)(2). ... That provision states that an appellate court may modify or vacate a sentence if the 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. ... After a thorough review of the record, we find the trial court's consecutive sentence findings were not clearly and convincingly 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 otherwise contrary to law.

State v. Hess · filed 2024-07-23(G)(2)

R.C. 2953.08(G)(2) provides an appellate court 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 contrary to law.

State v. Ward · filed 2024-07-29(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to modify or vacate a 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. Lorenzana · filed 2024-08-01(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only 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. Raines · filed 2024-08-19(G)(2)

“R.C. 2953.08(G) permits an appellate court to increase, reduce, otherwise modify, or vacate a 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.” ... We do not clearly and convincingly find that the imposition of consecutive sentences for the VPO offenses is contrary to law.

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

State v. Williams · filed 2024-08-20(G)(2)

The appellate standard for review on sentencing matters is not whether the sentencing court abused its discretion. R.C. 2953.08(G)(2). Rather, when reviewing a felony sentence, an appellate court must affirm the sentence unless the evidence clearly and convincingly fails to support the trial court's findings under the sentencing statutes or the sentence is otherwise contrary to law. State v. Marcum, 2016-Ohio-1002, ¶ 1.

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless the evidence clearly and convincingly fails to support the trial court’s findings under the applicable sentencing statutes or the sentence is otherwise contrary to law.

State v. Moore · filed 2024-08-23(G)(2)

Accordingly, an appellate court's standard of review on sentencing matters is not whether the sentencing court abused its discretion. R.C. 2953.08(G)(2). Instead, 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 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. Jones · filed 2024-09-16(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.”

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence 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. Nuthak · filed 2024-09-30(G)(2)

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

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

State v. Sheldon · filed 2024-10-24(G)(2)

As for Sheldon's sentence, this court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... Sheldon's sentences are therefore not clearly and convincingly contrary to law.

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

State v. Hamrick · filed 2024-10-24(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify a sentence or vacate a sentence and remand for resentencing if it “clearly and convincingly” finds that (1) 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 (2) the sentence is “otherwise contrary to law.”

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

State v. Wedel · filed 2024-10-28(G)(2)

Under R.C. 2953.08(G)(2), an appellate court will only reverse a sentence “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 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. Miller · filed 2024-11-07(G)(2)

Pursuant to 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.” State v. Marcum, 2016-Ohio-1002, ¶ 1.

Section 2953.08(G)(2) requires an appellate court to uphold consecutive-sentence findings unless they are clearly and convincingly unsupported by the record.

State v. Lusher · filed 2024-11-18(G)(2)

"R.C. 2953.08(G)(2) requires an appellate court to defer to a trial court's consecutive-sentence findings, and the trial court's findings must be upheld unless those findings are clearly and convincingly not supported by the record."

Section 2953.08(G)(2) does not permit an appellate court to independently reweigh the sentencing factors in R.C. 2929.11 and R.C. 2929.12.

State v. Davy · filed 2024-11-25(G)(2)

It is not the province of a court of appeals to independently weigh the sentencing factors set forth in R.C. 2929.11 and R.C. 2929.12 and we will not do so here.

Section 2953.08(G)(2) requires an appellate court to clearly and convincingly find that a sentence is contrary to law or that the record does not support the trial court’s findings before modifying or vacating it.

State v. Olverson · filed 2024-11-27(G)(2)

To modify or vacate Olverson’s sentence under R.C. 2953.08(G)(2), this court “must clearly and convincingly find that the sentence is contrary to law or that the record does not support the trial court’s findings.”

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. Ackert · filed 2024-12-04(G)(2)

R.C. 2953.08(G)(2) provides 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 [the appellate court] clearly and convincingly finds * * * 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,” or “the sentence 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. Williams · filed 2024-12-05(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) 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 contrary to law.

State v. Smith · filed 2024-12-23(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only 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. Gilbert · filed 2024-12-27(G)(2)

When reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(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) 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) permits an appellate court to alter 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. Moreland · filed 2025-01-10(G)

“When reviewing felony sentences, a court of appeals 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) permits an appellate court to change a felony sentence only if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Barker · filed 2025-01-10(G)(2)

Under that statute, we may increase, reduce, or modify a sentence, or we can vacate the sentence and remand for resentencing, only if we “clearly and convincingly” find either (1) that the record does not support certain specified findings, including those under R.C. 2929.14(C)(4), or (2) that the sentence imposed is contrary to law.

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

State v. Register · filed 2025-01-16(G)(2)(a)

R.C. 2953.08(G)(2)(a) compels appellate courts to modify or vacate sentences if they find by clear and convincing evidence that the record does not support any relevant findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code.

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

State v. Shaw · filed 2025-01-31(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 enumerated 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 reversal of a felony sentence only on a clear and convincing finding that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Gibson · filed 2025-01-31(G)(2)

For a successful challenge to a felony sentence, we must find, clearly and convincingly, either that the record does not support certain findings made by the trial court or that the sentence is otherwise contrary to law. R.C. 2953.08(G)(2).

Section 2953.08(G)(2) does not permit an appellate court to independently weigh the evidence and substitute its judgment about which sentence best complies with R.C. 2929.11 and 2929.12.

State v. Delong · filed 2025-02-19(G)(2)

Nothing in R.C. 2953.08(G)(2) permits this court to independently weigh the evidence in the record and substitute our own judgment for that of the trial court "concerning the sentence that best reflects compliance with R.C. 2929.11 [purposes and principles of felony sentencing] and 2929.12 [seriousness and recidivism factors]." State v. Jones, 2020-Ohio-6729, ¶ 42.

Section 2953.08(F) requires an appellate court reviewing a felony sentence to consider the entire trial-court record, including sentencing statements and investigative reports submitted before sentencing.

State v. Preslar · filed 2025-02-20(F)

R.C. 2953.08(F) requires this court to review the entire trial-court record, including any oral or written statements made to or by the trial court at the sentencing hearing, and any presentence, psychiatric, or other investigative report that was submitted to the court in writing before the sentence was imposed.

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

State v. Frye · filed 2025-02-20(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 an appellate court to vacate or modify 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. Gaston · filed 2025-03-28(G)(2)

Appellate review of felony sentences is governed by R.C. 2953.08(G). The statute provides that an appellate court may vacate or modify a disputed sentence on appeal only if it clearly and convincingly finds either that (1) “the record does not support the sentencing court’s findings under [R.C. 2929.13(B) or (D), R.C. 2929.14(B)(2)(e) or (C)(4), or R.C. 2929.20(I)];” or (2) “the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2).

Section 2953.08(G)(2) generally governs review of felony sentences and limits when an appellate court may change a sentence; a defendant who had a meaningful opportunity to object at sentencing but did not receives only plain error review.

State v. Wynn · filed 2025-06-05(G)(2)

Generally, felony sentences are reviewed under R.C. 2953.08(G)(2). ... An appellate court may increase, modify, or vacate and remand a judgment only if it clearly and convincingly finds either “(a) the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant” or “(b) the sentence is otherwise contrary to law.” ... The appellant had a meaningful opportunity to address his sentence at that time and failed to do so. As such, we review for plain error only.

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 sentencing findings or that the sentence is contrary to law.

State v. Wilcox · filed 2025-06-25(G)(2)

Under R.C. 2953.08(G)(2)(a) and (b), we must review the record, and we “may increase, reduce, or otherwise modify a sentence . . . or may vacate the sentence and remand the matter . . . if [we] clearly and convincingly find[] either . . . [t]hat the record does not support the sentencing court’s findings . . . [or] [t]hat the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) supplies the standard of review for felony sentencing appeals, including review of consecutive sentences under a clear and convincing standard.

State v. James · filed 2025-07-25(G)(2)

We utilize R.C. 2953.08(G) as the standard of review in all felony sentencing appeals. ... Having reviewed the record, we find there is clear and convincing evidence supporting the trial court’s imposition of consecutive sentences in this case.

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

State v. Mendenhall · filed 2025-07-31(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; but 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) governs appellate review of felony sentences, including consecutive sentences, and does not use an abuse of discretion standard.

State v. Nelder · filed 2025-08-14(G)(2)

The standard for our review of a felony sentence, including any imposition of a consecutive sentence, is found within 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) excludes abuse of discretion as the standard for appellate review of a felony sentence.

State v. Crump · filed 2025-08-18(G)(2)

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

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

State v. Xi · filed 2025-08-28(G)(2)

As previously stated, under the standard set forth in R.C. 2953.08(G)(2), a reviewing court may not disturb a sentence unless 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. Because the trial court’s statutorily mandated findings were stated and fully supported by the record, the imposition of consecutive sentences is neither contrary to law nor unsupported by the evidence.

Section 2953.08(G)(2) requires appellate review of a felony sentence for clear and convincing error, rather than abuse of discretion.

State v. Chandler · filed 2025-08-28(G)(2)

R.C. 2953.08 governs appeals claiming a violation of felony sentencing guidelines. ... The appellate court’s standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law.

Section 2953.08 does not permit an appellate court to independently reweigh sentencing factors and substitute its judgment for the trial court’s.

State v. Davis · filed 2025-08-29

Nothing in R.C. 2953.08 permits this Court to independently weigh the evidence in the record and substitute our own judgment for that of the trial court to determine a sentence which best reflects compliance with R.C. 2929.11 and R.C. 2929.12.

Section 2953.08(G)(2) does not permit an appellate court to reweigh sentencing evidence and substitute its judgment about compliance with R.C. 2929.11 and 2929.12.

State v. Starcher · filed 2025-10-17(G)(2)

Nothing in R.C. 2953.08(G)(2) permits this court to independently weigh the evidence in the record and substitute our own judgment for that of the trial court "concerning the sentence that best reflects compliance with R.C. 2929.11 [purposes and principles of felony sentencing] and 2929.12 [seriousness and recidivism factors]." State v. Jones, 2020-Ohio-6729, ¶ 42.

Section 2953.08 governs appellate review of whether a felony sentence is clearly and convincingly contrary to law.

State v. Paul · filed 2025-10-27

The standard of review applicable to this sentence-related claim is whether the sentence is clearly and convincingly contrary to law. State v. Marcum, 2016-Ohio-1002; R.C. 2953.08.

Section 2953.08(G)(2) does not permit an appellate court to reweigh the evidence and substitute its judgment for the trial court’s assessment under sections 2929.11 and 2929.12.

State v. Jackson · filed 2025-11-03(G)(2)

Nothing in R.C. 2953.08(G)(2) permits this court to independently weigh the evidence in the record and substitute our own judgment for that of the trial court "concerning the sentence that best reflects compliance with R.C. 2929.11 [purposes and principles of felony sentencing] and 2929.12 [seriousness and recidivism factors]."

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. Godschild · filed 2025-11-10(G)(2)

The Ohio Supreme Court has held that “an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 2016-Ohio-1002, ¶ 1; R.C. 2953.08(G)(2). ... We accordingly conclude that Mr. Godschild has not established that the record does not support the trial court’s findings or that is sentence is otherwise contrary to law.

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

State v. Bolen · filed 2025-11-10(G)(2)

“Under R.C. 2953.08(G)(2), an appellate court may reverse a sentence only [upon finding], by clear and convincing evidence, that the record does not support the trial court’s findings under the relevant statutes or that the sentence is otherwise contrary to law.”

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

State v. Butler · filed 2025-11-17(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, 2016-Ohio-1002, ¶ 1. ... Since the trial court sentenced Butler to an indefinite prison term for a first-degree-felony offense committed prior to the enactment of the Reagan Tokes Law, the sentence 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. Brummett · filed 2025-11-19(G)(2)

The clear-and-convincing standard for appellate review in R.C. 2953.08(G)(2) is written in the negative.

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

State v. Yarbrough · filed 2025-12-05(G)(2)

When reviewing a felony sentence, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2). State v. Marcum, 2016-Ohio-1002, ¶ 7. Under the statute, an appellate court may increase, reduce, or modify a sentence, or 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) permits an appellate court to find error in a felony sentence when it clearly and convincingly finds the sentence contrary to law.

State v. Terry · filed 2025-12-11(G)(2)

Initially, we note that Terry incorrectly cites the standard of review as an abuse of discretion. R.C. 2953.08(G)(2) provides, in part, that when reviewing felony sentences, if this court “clearly and convincingly” finds that “the sentence is otherwise contrary to law,” then we may conclude that the court erred in sentencing.

Section 2953.08(G)(2) does not permit an appellate court to independently reweigh the evidence and substitute its judgment about the sentence that best satisfies the felony sentencing statutes.

State v. Wells · filed 2025-12-11(G)(2)

Nothing in R.C. 2953.08(G)(2) permits this court to independently weigh the evidence in the record and substitute our own judgment for that of the trial court "concerning the sentence that best reflects compliance with R.C. 2929.11 [purposes and principles of felony sentencing] and 2929.12 [seriousness and recidivism factors]."

Section 2953.08(G)(2) sets the standard for reviewing felony sentences; an unpreserved challenge to restitution is reviewed for plain error.

State v. Hardesty · filed 2025-12-12(G)(2)

Generally, we review a restitution order to determine whether it is clearly and convincingly contrary to law. State v. Patton, 2019-Ohio-2769, ¶ 23 (4th Dist.). See generally R.C. 2953.08(G)(2). However, we conclude that plain error review applies because appellant did not object to the restitution order despite being offered an opportunity to respond and provide a statement in mitigation of punishment.

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

State v. Conacher · filed 2025-12-15(G)(2)

We review felony sentences using the standard of review set forth in R.C. 2953.08(G)(2), which provides that an appellate court may increase, reduce, vacate, or otherwise modify a felony sentence on appeal only if it clearly and convincingly finds 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 consecutive sentences only when it has a firm belief or conviction that the record does not support the trial court’s findings.

State v. Dixon · filed 2025-12-19(G)(2)

An appellate court “must have a firm belief or conviction that the record does not support the trial court’s findings before it may increase, reduce, or otherwise modify consecutive sentences.” Id. at ¶ 15.

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

State v. Kendrick · filed 2025-12-23(G)(2)

However, as noted by the state in its response, appellate courts no longer apply the abuse of discretion standard announced in Kalish when reviewing sentences under R.C. 2953.08.

Section 2953.08(G)(2) governs appellate review of a felony sentence imposed after a community-control violation; abuse of discretion is not the standard.

State v. Deyarmin · filed 2025-12-24(G)(2)

Contrary to Deyarmin’s assertion, we do not review the felony sentence for an abuse of discretion, even though the trial court is given great latitude when ruling on a community-control violation. ... An appellate court reviews the imposition of a felony sentence under the standard of review delineated in R.C. 2953.08(G)(2).

Section 2953.08 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. Williams · filed 2026-01-09(G)(2)

Under R.C. 2953.08, an appellate court may increase, reduce, modify, or vacate a sentence and remand for sentencing where we clearly and convincingly find that either the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), R.C. 2929.14(B)(2)(e) or (C)(4), or R.C. 2929(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) governs appellate review of a prison sentence imposed for felony community control violations, asking whether the record clearly and convincingly shows that the sentence is contrary to law.

State v. Clutter · filed 2026-01-16(G)(2)(b)

Our review of a prison sentence imposed for violations of felony community control sanctions is dictated by the standard of review set forth in R.C. 2953.08(G)(2). State v. Gibson, 2017-Ohio-691, ¶ 14 (2d Dist.). As framed by Clutter’s assignment of error, the relevant question in this case is whether the record “clearly and convincingly” shows that his “sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(b).

Section 2953.08(G)(2)(b) does not permit an appellate court to modify or vacate a felony sentence merely because it finds the sentence unsupported by the record under sections 2929.11 and 2929.12.

State v. Wagner · filed 2026-01-30(G)(2)(b)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). ... Thus, when we review a felony sentence imposed after considering the factors in R.C. 2929.11 and 2929.12, we do not examine whether the sentence is unsupported by the record; rather, we simply determine whether the sentence is contrary to law.

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

State v. Thompson · filed 2026-02-02(G)(2)

As we have explained, the “clear and convincing” standard in R.C. 2953.08(G)(2) is written in the negative. State v. Tate, 2016-Ohio-8421, ¶ 15 (11th Dist.). Therefore, this Court may only modify or vacate a sentence if we find by clear and convincing evidence that the record does not support the sentencing court’s findings or that the sentence is contrary to law.

Section 2953.08(G)(2) requires an appellant challenging a felony sentence to show by clear and convincing evidence that the sentence lacks record support or is otherwise contrary to law.

State v. Spottedhorse · filed 2026-02-02(G)(2)

To prevail on an appeal related to improper sentencing under these statutes, an appellant must present clear and convincing evidence that the sentence is not supported by the record or is "otherwise contrary to law." R.C. 2953.08(G)(2).

Section 2953.08(G)(2) does not use an abuse of discretion standard to review an appealed felony sentence.

State v. Crawford · filed 2026-02-02(G)(2)

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

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

State v. Woods · filed 2026-02-05(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 or the sentence is “otherwise contrary to law.”

Section 2953.08(G)(2)(b) allows reversal of a trial court’s imposition of costs when it is contrary to law.

State v. Biehler · filed 2026-02-06(G)(2)(b)

We review a trial court’s imposition of costs under R.C. 2953.08(G)(2)(b), and will not reverse unless we find that imposition was contrary to law.

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

State v. Jones · filed 2026-02-13(G)(2)

R.C. 2953.08 governs appeals claiming a violation of felony sentencing guidelines. ... Therefore, we find that the appellant has failed to show that the trial court’s sentence was contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate a felony sentence as contrary to law only if it clearly and convincingly finds that ground in the record.

State v. Liotta · filed 2026-02-19(G)(2)

This court reviews felony sentencing under the standard set forth in R.C. 2953.08(G)(2), which provides that when reviewing felony sentences, a reviewing court “shall review the record, including the findings underlying the sentence . . . given by the sentencing court” and “may vacate the sentence and remand the matter to the sentencing court for resentencing” only if it “clearly and convincingly finds” that “the sentence . . . contrary to law.”

Section 2953.08(G)(2) does not permit an appellate court to independently reweigh sentencing evidence and substitute its judgment for the trial court’s.

State v. Anderson · filed 2026-02-20(G)(2)

Nothing in R.C. 2953.08(G)(2) permits this court to independently weigh the evidence in the record and substitute our own judgment for that of the trial court "concerning the sentence that best reflects compliance with R.C. 2929.11 [purposes and principles of felony sentencing] and 2929.12 [seriousness and recidivism factors]." State v. Jones, 2020-Ohio-6729, ¶ 42.

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. Reed · filed 2026-02-27(G)(2)

A sentence may be modified or vacated only if the reviewing court clearly and convincingly finds either that the record does not support the trial court’s statutory findings or that the sentence is otherwise contrary to law.

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

State v. Lanier · filed 2026-03-06(G)(2)

Accordingly, upon our review of the record, we cannot clearly nor convincingly find that the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13, or that the sentence is otherwise contrary to law.

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

State v. Myers · filed 2026-03-09(G)(2)

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

State v. Semenchuk · filed 2026-03-10(G)(2)

Review is governed by R.C. 2953.08(G)(2), under which an appellate court may modify or vacate a sentence only if it clearly and convincingly finds either that the record does not support the trial court’s findings under specified statutory provisions 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. McQuin · filed 2026-03-17(G)(2)

As discussed above, we review felony sentences under R.C. 2953.08(G)(2) and the applicable standard is not abuse of discretion.

Section 2953.08(G)(2) permits an appellate court to modify or remand 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. Matos · filed 2026-03-19(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 or the sentence is “otherwise contrary to law.”

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

State v. Allen · filed 2026-03-20(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). State v. Worthen, 2021-Ohio-2788, ¶ 13 (2d Dist.). Under this standard, 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.” Id.