Ohio Rev. Code Ann. § 2953.08

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

State v. Hull · filed 2017-01-17(G)(2)

Thus, we are authorized to “increase, reduce, or otherwise modify a sentence only when [we] clearly and convincingly find * * * that the sentence is (1) contrary to law and/or (2) unsupported by the record.”

Section 2953.08 permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the trial court’s findings or that the sentence is otherwise contrary to law.

State v. Schee · filed 2017-01-20

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

Section 2953.08(G)(2) permits an appellate court to reduce, modify, or vacate and remand 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. Brown · filed 2017-01-20(G)(2)

It establishes that an appellate court may reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either that the record does not support the sentencing court’s relevant statutory findings or that the sentence is otherwise contrary to law.

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

State v. Napier · filed 2017-01-23(G)(2)

Rather, pursuant to R.C. 2953.08(G)(2), an appellate court may only "increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing" if the court finds by clear and convincing evidence "(a) [t]hat the record does not support the sentencing court's findings[,]" or "(b) [t]hat the sentence is otherwise contrary to law."

Section 2953.08 permits an appellate court to alter a felony sentence only if it clearly and convincingly finds that the record does not support the required sentencing findings or that the sentence is contrary to law.

State v. Elder · filed 2017-01-26(G)(2)

Appellate review of felony sentences is governed by R.C. 2953.08, which provides that when reviewing felony sentences, a reviewing court may increase, reduce, or modify a sentence, or vacate and remand the matter resentencing, only if the court clearly and convincingly finds that either the record does not support the sentencing court’s statutory findings or the sentence is contrary to law.

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

State v. Baughman · filed 2017-01-27(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either of the following: (a) that the record does not support the sentencing court’s findings under division (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) requires clear and convincing evidence that the record does not support the relevant sentencing findings or that the sentence is otherwise contrary to law before an appellate court reverses a felony sentence.

State v. Silknitter · filed 2017-01-30(G)(2)

However, after Kalish was released, the legislature altered R.C. 2953.08(G)(2) to specifically indicate that, on appeal, a defendant must show by clear and convincing evidence that his sentence is not supported by the record.

Section 2953.08(G)(2)(b) governs review of whether a felony sentence is contrary to law when the findings listed in (G)(2)(a) do not apply.

State v. Henderson · filed 2017-02-03(G)(2)(b)

Here, the provisions specified in R.C. 2953.08(G)(2)(a) are inapplicable. We, therefore, turn to R.C. 2953.08(G)(2)(b).

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

State v. James · filed 2017-02-06(G)(2)

This court reviews felony sentences pursuant to the standard of review set forth in R.C. 2953.08(G)(2) to determine whether the imposition of those sentences is clearly and convincingly contrary to law. State v. Julious, 12th Dist. Butler No. CA2015-12-224, 2016-Ohio-4822, ¶ 8. Pursuant to that statute, an appellate court may modify or vacate a sentence only if, by clear and convincing evidence, "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law." State v. Harp, 12th Dist. Clermont No. CA2015-12-096, 2016-Ohio-4921, ¶ 7.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only 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. Smith · filed 2017-02-09(G)(2)

Under R.C. 2953.08(G)(2), an appellate court must review the record, including the findings underlying the sentence and may increase, reduce, or otherwise modify a sentence or may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either (1) that the record does not support the trial court’s findings under relevant statutes, or (2) that the sentence imposed is otherwise contrary to law.

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

State v. Goldsmith · filed 2017-02-10(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 trial 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) allows an appellate court to alter a felony sentence if it clearly and convincingly finds that the record does not support the required statutory findings or that the sentence is contrary to law.

State v. Watts · filed 2017-02-16(G)(2)

When reviewing Watts’s felony sentence, this court may increase, reduce, modify a sentence, or vacate and remand for resentencing if we clearly and convincingly find that the record does not support the sentencing court’s statutory findings under R.C. 2929.14(B)(2), or the sentence is contrary to law. R.C. 2953.08(G)(2).

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

State v. Price · filed 2017-02-16(G)(2)

Appellate review of felony sentences is governed by R.C. 2953.08, which provides that when reviewing felony sentences, this court may increase, reduce, modify a sentence, or vacate and remand for resentencing if we clearly and convincingly find that the record does not support the sentencing court’s statutory findings, if applicable, or the sentence is contrary to law.

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

State v. Ford · filed 2017-02-21(G)(2)

Rather, R.C. 2953.08(G)(2) permits 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 when it finds by clear and convincing evidence that the record does not support the sentencing findings or that the sentence is otherwise contrary to law.

State v. Brannon · filed 2017-02-21(G)(2)

Rather, pursuant to R.C. 2953.08(G)(2), an appellate court may only "increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing" if the court finds by clear and convincing evidence "(a) [t]hat the record does not support the sentencing court's findings * * *[,]" or "(b) [t]hat the sentence is otherwise contrary to law."

Section 2953.08(G)(2) permits an appellate court to find sentencing error 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. Waters · filed 2017-02-23(G)(2)

R.C. 2953.08(G)(2) provides, in part, that when reviewing felony sentences, 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” R.C. Chapter 2929 or that (2) “the sentence is otherwise contrary to law,” then we may conclude that the court erred in sentencing.

Section 2953.08(G)(2) permits an appellate court to change a felony sentence 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. McGlown · filed 2017-02-24(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 trial 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) sets a two-prong standard for appellate review of felony sentences.

State v. Greer · filed 2017-01-06(G)(2)

We review felony sentences under the two-prong approach set forth in R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only when the required clear-and-convincing standard is met.

State v. Cochran · filed 2017-01-20(G)(2)

Accordingly, the 11-year prison sentence imposed by the trial court is not clearly and convincingly contrary to law. Therefore, we may only vacate or modify the sentence if we find by clear and convincing evidence that the record does not support the 11-year sentence imposed by the trial court.

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

State v. Davis · filed 2017-02-13(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 the standard for appellate review of felony sentences.

State v. Hall · filed 2017-02-13(G)(2)

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

Section 2953.08(G)(2) limits review of a challenge to findings under R.C. 2929.12 to whether the sentence is contrary to law.

State v. Andrews · filed 2016-12-30(G)(2)

However, R.C. 2929.12 is not one of the statutory provisions listed in R.C. 2953.08(G)(2)(a). As a result, the scope of our review is limited to the second step of the R.C. 2953.08(G)(2) standard: i.e., is the imposition of the eleven and seventeen month terms contrary to law?

Section 2953.08 does not authorize an appellate court to reweigh the sentencing factors considered by the trial court.

State v. Tate · filed 2016-12-22(G)(2)

An appellate court lacks the authority under R.C. 2953.08 to consider the weight given to respective sentencing factors because such discretion rests solely with the trial court.

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. Schee · filed 2016-11-04(G)(2)

We review felony sentences under the two-prong approach set forth in R.C. 2953.08(G)(2). R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a dispute sentence if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law. ... Therefore, we hold that appellant’s sentence was not clearly and convincingly contrary to law.

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

State v. Jones · filed 2016-11-10(G)(2)(b)

R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits a reviewing court to overturn consecutive sentences when it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Ferrell · filed 2016-11-10(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences where the court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4),” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2)(a) permits an appellate court to modify or vacate consecutive sentences when it clearly and convincingly finds that the record does not support the required sentencing findings.

State v. Vanausdal · filed 2016-11-14(G)(2)(a)

Specifically as to the imposition of consecutive sentences, R.C. 2953.08(G)(2)(a) provides that an appellate court—after reviewing the record, including the findings underlying the sentence given by the trial court—may modify or vacate the sentence if the appellate court “clearly and convincingly finds * * * [t]hat the record does not support the sentencing court’s findings under * * * [R.C. 2929.14(C)(4)].” ... After reviewing the record, including the findings underlying the sentence given by the trial court, we do not clearly and convincingly find that the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4).

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

State v. Upchurch · filed 2016-11-18(G)(2)

R.C. 2953.08(G)(2) establishes that an appellate court may increase, reduce, modify, or vacate and remand a dispute sentence if it clearly and convincingly finds either of the following: (a) That the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13 (B) or (D), 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(D) precludes appellate review of an authorized sentence imposed within a jointly recommended sentencing range negotiated as part of a plea.

State v. James · filed 2016-11-23(D)

As an initial matter, we recognize that because the sentence imposed was within a jointly recommended sentencing range, which was the product of a negotiated plea deal, and was authorized by law, appellate review of the sentence is precluded under R.C. 2953.08(D).

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. Crandall · filed 2016-11-28(G)(2)

“The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * if it clearly and convincingly finds * * * [t]hat the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14, or * * * [t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(a) and (b). ... Crandall has failed to meet the burden to prove that the court did not consider the required factors and does not show that the sentence was unsupported by the record or contrary to law.

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

State v. Steger · filed 2016-11-28(G)(2)

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

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

State v. Smith · filed 2016-12-08(G)(2)

The appellate court’s standard for review pursuant to R.C. 2953.08(G)(2) for felony sentencing is whether the court: “[C]learly and convincingly” finds 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 [a reviewing court] 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 when clear and convincing evidence shows that the record does not support it or the sentence is contrary to law.

State v. Jevnikar · filed 2016-12-12(G)(2)

“That is, an appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing evidence that the record does not support the sentence.” Id. ... We do not find that the court’s comment rendered the sentence contrary to law.

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

State v. Murphy · filed 2016-12-15(G)(2)(b)

An appellate court “may increase, reduce, or otherwise modify a sentence” or it may vacate a sentence and remand the matter to the trial court for resentencing if it “clearly and convincingly” finds either that: (1) “the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to change 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. Rubalcava · filed 2016-12-16(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either of the following: (a) That the record does not support the sentencing court’s findings under division (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. ... Consequently, the finding under R.C. 2929.11 is supported by the record and appellant has failed to show clearly and convincingly that the sentence is contrary to law on that basis.

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. Heard · filed 2016-12-16(G)(2)

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

Section 2953.08(G)(2)(a) requires an appellate court to affirm consecutive felony sentences unless it clearly and convincingly finds that the record fails to support the findings required by section 2929.14(C)(4).

State v. Guth · filed 2016-12-19(G)(2)(a)

The imposition of consecutive prison terms for multiple felony offenses is governed by R.C. 2929.14(C)(4), one of the five statutory provisions referenced in R.C. 2953.08(G)(2)(a). Accordingly, a trial court’s imposition of consecutive terms will be affirmed unless this court clearly and convincingly finds that the record fails to support the trial court’s findings under R.C. 2929.14(C)(4).

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. Seith · filed 2016-12-22(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to 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. Sandy · filed 2016-12-23(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify a sentence or may vacate the sentence and remand the matter to the sentencing court for resentencing if 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) governs appellate review of felony sentences and permits modification when the court clearly and convincingly finds that the sentence is contrary to law.

State v. Smith · filed 2016-12-27(G)(2)

Post-H.B. 86, in reviewing felony sentences, this court applies the standard set forth in R.C. 2953.08(G)(2). ... In view of the foregoing, this court does not clearly and convincingly find that appellant’s sentence was contrary to law.

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

State v. Cornelison · filed 2016-12-27(G)(2)

In Marcum, supra, the Supreme Court held that R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law and/or (2) unsupported by the record. ... We therefore hold the trial court’s imposition of consecutive sentences was not clearly and convincingly contrary to law.

Section 2953.08(G)(2) requires an appellate court to apply a clear and convincing evidence standard when deciding whether to modify or vacate a felony sentence.

State v. Chavez · filed 2016-12-28(G)(2)

Rather, R.C. 2953.08(G)(2) compels an appellate court to modify or vacate a sentence only if after reviewing the record, including the findings underlying the sentence, 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 allows an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.

State v. Kozic · filed 2016-12-29(G)(2)

"[A]n appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law."

Section 2953.08(G)(2) permits an appellate court to 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. Rock · filed 2016-12-30(G)(2)

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

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

State v. Adams · filed 2016-11-10(G)(2)

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

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

State v. Watters · filed 2016-12-09(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 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. Steed · filed 2016-12-09

The standard of appellate review of felony sentences is set forth in R.C. 2953.08. ... as limiting our review to whether there is clear and convincing evidence to support the trial court’s findings and whether the sentence is contrary to law.

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

State v. Kilgour · filed 2016-10-11(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.” State v. Marcum, ___ Ohio St.3d ___, 2016-Ohio-1002, ¶ 1.

Section 2953.08 does not authorize an appellate court to reweigh sentencing factors to choose a different prison term.

State v. Akins-Daniels · filed 2016-09-29(G)(2)

An appellate court lacks the authority under R.C. 2953.08 to consider the weight given to respective sentencing factors because such discretion rests solely with the trial court.

Section 2953.08(G)(2) does not authorize appellate courts to independently weigh felony sentencing factors.

Ohio v. Vinson · filed 2016-11-03(G)(2)

The Marcum decision does not expand R.C. 2953.08(G)(2) to allow appellate courts to independently weigh the sentencing factors in appellate review.

Section 2953.08(G)(2)(a) requires an appellate court to modify or vacate a sentence if it finds by clear and convincing evidence that the record does not support the relevant sentencing findings.

State v. Salamah · filed 2016-09-22(G)(2)(a)

Thus, when reviewing sentences under R.C. 2953.08(G)(2)(a), the statute 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 R.C. 2929.13(B) or (D), R.C. 2929.14(B)(2)(e) or (C)(4), or R.C. 2929.20(I).

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

State v. Eversole · filed 2016-09-12(G)(2)

Rather, pursuant to R.C. 2953.08(G)(2), an appellate court may only "increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing" if the court finds by clear and convincing evidence "(a) [t]hat the record does not support the sentencing court's findings[,]" or "(b) [t]hat the sentence is otherwise contrary to law." R.C. 2953.08(G)(2)(a)-(b).

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

State v. Porter · filed 2016-09-15(G)(2)

Applying the plain language of R.C. 2953.08(G)(2), the Ohio Supreme Court determined that an appellate court need not apply the test set out in State v. Kalish, 120 Ohio St.3d 23, 2008-Ohio-4912, 896 N.E.2d 124. Marcum at ¶ 1. 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 finding under relevant statutes or that the sentence is otherwise contrary to law.

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

State v. Jones · filed 2016-09-22(G)(2)

When reviewing felony sentences, this court may increase, reduce, or modify a sentence, or it may vacate and remand the matter for resentencing, only if we clearly and convincingly find that either the record does not support the sentencing court’s statutory findings or the sentence is contrary to law. R.C. 2953.08(G)(2).

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

State v. Goins · filed 2016-09-22(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, the appellate court may overturn the imposition of consecutive sentences where the reviewing court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4),” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to alter or vacate a felony sentence when 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. Cargill · filed 2016-09-22(G)(2)

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

Subsection (G) permits an appellate court to modify or remand a felony sentence when it clearly and convincingly finds that the record does not support the sentencing findings or that the sentence is otherwise contrary to law.

State v. Palazzolo · filed 2016-09-30(G)

Pursuant to R.C. 2953.08(G), we may increase, reduce, modify, or vacate and remand a sentence if we clearly and convincingly find that either the record does not support the trial 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 when clear and convincing evidence shows that the record does not support specified sentencing findings or the sentence is otherwise contrary to law.

State v. Carnicom · filed 2016-10-07(G)(2)

R.C. 2953.08(G)(2) provides an appellate court may increase, reduce, modify, or vacate a sentence and remand for resentencing where there is clear and convincing evidence the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law. ... Here, the record reveals appellant’s sentence is not contrary to law.

Section 2953.08(G)(2) governs appellate review of whether a felony sentence lacks clear and convincing support in the record or is otherwise contrary to law.

State v. Davis · filed 2016-10-07(G)(2)

We review a felony sentence to determine whether the trial court's findings—or where findings are not required, the sentence itself—are clearly and convincingly unsupported by the record, or whether the sentence is otherwise contrary to law.

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

State v. Coleman · filed 2016-10-11(G)(2)

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

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

State v. Fonseca · filed 2016-10-17(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, ___ Ohio St.3d ___, 2016-Ohio-1002, ¶ 1.

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

State v. Durham · filed 2016-10-20(G)(2)

If an appellate court clearly and convincingly finds either that (1) “the record does not support the sentencing court’s findings under [R.C. 2929.14(C)(4)],” or (2) “the sentence is otherwise contrary to law,” then “the appellate court may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing.” Id.

Section 2953.08(G)(2) requires clear and convincing evidence that the record does not support a felony sentence before an appellate court may vacate it when the sentence is not clearly and convincingly contrary to law.

State v. McCoy · filed 2016-10-21(G)(2)

In this case, the trial court was not required to make any findings under the relevant statutes addressed in R.C. 2953.08(G)(2); therefore, the threshold issue is whether McCoy’s maximum prison sentence is clearly and convincingly contrary to law. If we determine that the sentence is not clearly and convincingly contrary to law, in order to vacate the sentence as McCoy requests, we must find by clear and convincing evidence that the record does not support the sentence.

Section 2953.08(G)(2)(b) permits an appellate court to reverse a sentence imposing costs and financial sanctions when that part of the sentence is contrary to law.

State v. Warnka · filed 2016-10-21(G)(2)(b)

We will reverse a trial court’s decision to impose costs and financial sanctions if it is contrary to law. R.C. 2953.08(A)(4) and (G)(2)(b).

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

State v. Reid · filed 2016-10-27(G)(2)

Rather, if this court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 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 [a reviewing court] may vacate the sentence and remand the matter to the sentencing court for re-sentencing.”

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

State v. Smith · filed 2016-10-28(G)(2)

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

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

State v. Bracy · filed 2016-10-31(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to modify 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. Louis · filed 2016-10-31(G)(2)

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

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

State v. Buchert · filed 2016-11-02(G)(2)

We review Buchert’s sentence to determine whether it is clearly and convincingly contrary to law. See State v. White, 2013-Ohio-4225, 997 N.E.2d 629 (1st Dist.); R.C. 2953.08(G)(2). We may modify or vacate the sentence if we clearly and convincingly find either that (1) the record does not support the mandatory sentencing findings or (2) the sentence is otherwise contrary to law. Id.

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

State v. Gornall · filed 2016-11-02(G)(2)

R.C. 2953.08(G)(2) provides that 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 consecutive sentences when it clearly and convincingly finds that the record does not support the sentencing court’s findings.

State v. Morris · filed 2016-11-03(G)(2)

Where, as here, the trial court has made the findings required to impose consecutive sentences, we cannot vacate those sentences unless we “clearly and convincingly find[]” that “the record does not support the sentencing court’s findings.”

Section 2953.08(D)(3) bars evidentiary appellate review of an aggravated-murder sentence imposed under R.C. 2929.02 to 2929.06.

State v. Lawson · filed 2016-11-03(D)(3)

Accordingly, pursuant to R.C. 2953.08(D)(3), we lack statutory authority to review Lawson’s sentence for aggravated murder on an evidentiary basis and overrule the sole assignment of error.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a sentence if it clearly and convincingly finds the required sentencing findings unsupported or the sentence contrary to law.

State v. Mauder · filed 2016-09-30(G)(2)

R.C. 2953.08(G)(2) establishes that an appellate court may increase, reduce, modify, or vacate and remand a dispute sentence if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law.

Section 2953.08 supplies the standard for appellate review of felony sentences.

State v. Wimbush · filed 2016-10-28(G)(2)

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

Section 2953.08(G)(2) does not authorize review of a trial court’s failure to make findings or impose community control when it follows a statutory presumption of imprisonment.

State v. Ortiz-Rojas · filed 2016-07-28(G)(2)

Nevertheless, Ortiz-Rojas is not appealing the findings made pursuant to R.C. 2929.13(D)(2), but instead is appealing the lack of findings and the failure to impose community control sanctions instead of a prison term. Nothing in R.C. 2953.08(G)(2) authorizes this form of review.

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

State v. Gaines · filed 2016-07-07(G)(2)

When reviewing felony sentences, this court may increase, reduce, or modify a sentence, or it may vacate and remand the matter for resentencing, only if we clearly and convincingly find that either the record does not support the sentencing court’s statutory findings or the sentence is contrary to law. R.C. 2953.08(G)(2).

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

State v. Gaus · filed 2016-07-08(G)(2)

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

Section 2953.08(G)(2)(a) permits an appellate court to reverse consecutive sentences when it finds by clear and convincing evidence that the record does not support the trial court’s statutory findings.

State v. Williams · filed 2016-07-08(G)(2)(a)

However, in our review of the sentence, we can reverse a sentence imposing consecutive sentences if we find by clear and convincing evidence that the record does not support the trial court’s statutory findings. R.C. 2953.08(G)(2)(a); State v. Belew, 140 Ohio St.3d 221, 2014-Ohio-2964, 17 N.E.3d 515, ¶ 12 (Lanzinger, J., dissenting); State v. Jury, 6th Dist. Erie No. E-14-100, 2016-Ohio-2663, ¶ 70; State v. Kay, 2d Dist. Montgomery No. 26344, 2015-Ohio-4403, ¶ 15.

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

State v. Watts · filed 2016-07-14(G)(2)

Pursuant to R.C. 2953.08(G)(2), we may modify or vacate a sentence only if we clearly and convincingly find that the record does not support the mandatory sentencing 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 the record does not support required sentencing findings or that the sentence is contrary to law.

State v. Fresenko · filed 2016-07-14(G)(2)

When reviewing felony sentences, this court may increase, reduce, or modify a sentence, or it may vacate and remand the matter for resentencing, only if we clearly and convincingly find that either the record does not support the sentencing court’s statutory findings or the sentence is contrary to law.

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

State v. Hamad · filed 2016-07-22(G)

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

Section 2953.08(G)(2) allows an appellate court to change a felony sentence 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. Russell · filed 2016-07-22(G)(2)

The current standard is set forth in R.C. 2953.08(G)(2) and states that we may increase, reduce, modify, or vacate and remand a challenged felony sentence if we clearly and convincingly find that either (1) the record does not support the sentencing court's findings under the specified statutory provisions, or (2) 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. Robinson · filed 2016-07-27(G)(2)

Under R.C. 2953.08(G)(2), we may modify or vacate a sentence if we clearly and convincingly find that either the record does not support the sentencing court’s findings or the sentence is otherwise contrary to law.

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

State v. Wenmoth · filed 2016-07-28(G)(2)

When reviewing felony sentences, this court may increase, reduce, modify a sentence, or vacate and remand for resentencing if we clearly and convincingly find that the record does not support the sentencing court’s statutory findings, if applicable, or the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate consecutive sentences if it clearly and convincingly finds that the record does not support the sentencing findings.

State v. Johnson · filed 2016-07-29(G)(2)

We review those findings under the standard set forth in R.C. 2953.08(G)(2), which authorizes us to vacate Johnson's consecutive sentences if we clearly and convincingly find that the record does not support them.

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. Klein · filed 2016-08-03(G)(2)

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

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

State v. Keith · filed 2016-08-04(G)(2)

When reviewing felony sentences, this court may increase, reduce, or modify a sentence, or it may vacate and remand the matter for resentencing, only if we clearly and convincingly find that either the record does not support the sentencing court’s statutory findings or the sentence is contrary to law. R.C. 2953.08(G)(2).

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

State v. Allen · filed 2016-08-05(G)(2)

Pursuant to R.C. 2953.08(G)(2), we may only vacate or modify a defendant’s sentence if we clearly and convincingly find either that the record does not support any mandatory sentencing findings or that the sentence is contrary to law.

Section 2953.08(G)(2)(a) does not govern this restitution appeal; the court reviews whether the sentence is contrary to law under (G)(2)(b).

State v. Brant · filed 2016-08-05(G)(2)

R.C. 2953.08(G)(2)(a) does not apply here. Therefore, we will consider whether the sentence is contrary to law under R.C. 2953.08(G)(2)(b).

Section 2953.08(G)(2) requires an appellate court to affirm consecutive sentences unless it clearly and convincingly finds that the record does not support the sentencing judge’s findings.

State v. Kirkman · filed 2016-08-11(G)(2)

R.C. 2953.08(G)(2) states that we must affirm an order of consecutive service unless we “clearly and convincingly” find that the record does not support the sentencing judge’s findings in support of consecutive service.

Section 2953.08(G)(2) directs appellate courts reviewing maximum felony sentences to determine whether the sentence is otherwise contrary to law; maximum sentences do not require the specific findings referenced in division (a).

State v. Mullins · filed 2016-08-18(G)(2)

Maximum sentences do not require specific findings referenced in R .C. 2953.08(G)(2)(a), thus our focus is on subpart (b) of that section to determine if the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate consecutive sentences if it clearly and convincingly finds that the record does not support the trial court’s findings.

State v. Bautista · filed 2016-08-19(G)(2)

We review those findings under the standard set forth in R.C. 2953.08(G)(2), which authorizes us to vacate Bautista’s consecutive sentences if we clearly and convincingly find that the record does not support the trial court’s findings.

Section 2953.08(G)(2) permits an appellate court to vacate an otherwise lawful felony sentence when clear and convincing evidence shows that the record does not support it.

State v. Gilbert · filed 2016-08-26(G)(2)

Accordingly, this court may vacate the sentence and remand the matter for resentencing only if there is clear and convincing evidence that the record does not support the sentence imposed by the trial court. We cannot say that is the case here, as there is no evidence that the record does not support the sentence.

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

State v. Hines · filed 2016-08-26(G)(2)

Here, the findings under R.C. 2953.08(G)(2)(a) are not applicable. Thus, we must determine if the sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires clear and convincing evidence that a felony sentence is contrary to law before an appellate court may modify it; an incomplete record can prevent that showing.

State v. Paulino · filed 2016-08-29(G)(2)

Because the appellate record is incomplete, we conclude that it is unnecessary to determine if the trial court’s statement’s was incorrect. Without the context that the PSI report might provide about the court’s statement, we cannot conclude that there is clear and convincing evidence in the record that Mr. Paulino’s sentence is contrary to law. R.C. 2953.08(G)(2).

Section 2953.08(G)(2) requires an appellate court to find by clear and convincing evidence that the record does not support a felony sentence before modifying it on that ground.

State v. Weckel · filed 2016-09-02(G)(2)

In view of the deference we must give to the court pursuant to R.C. 2953.08(G), and based on the previously discussed information in the record, we cannot say that the trial court erred in imposing near-maximum prison sentences, as we do not find by clear and convincing evidence that the record does not support the sentences imposed.

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. Walters · filed 2016-09-07(G)(2)

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

Section 2953.08(G)(2) requires appellate courts reviewing felony sentences to examine the record and the findings underlying the sentence.

State v. Jordan · filed 2016-09-08(G)(2)

An appellate court must “review the record, including the findings underlying the sentence or modification given by the sentencing court.”

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

State v. Jones · filed 2016-09-08(G)(2)

R.C. 2953.08(G)(2) provides, in part, that when reviewing felony sentences, 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” R.C. Chapter 2929 or that (2) “the sentence is otherwise contrary to law,” then we may conclude that the court erred in sentencing.

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

State v. Boczek · filed 2016-09-08(G)(2)

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

Section 2953.08(G)(2) does not permit appellate review of the weight a sentencing judge gives to the factors in sections 2929.11 and 2929.12.

State v. Anderson · filed 2016-06-09(G)(2)

The weight that the sentencing judge gives to those sentencing factors is an exercise of its discretion, not an application of the law. R.C. 2953.08(G)(2) expressly states that an appellate court’s standard of review is not whether the sentencing court abused its discretion. So a complaint about the manner in which the court applied the factors would be unreviewable.

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

State v. McGowan (Slip Opinion) · filed 2016-05-17(G)(2)

In State v. Marcum, ___ Ohio St.3d ___, 2016-Ohio-1002, ___ N.E.3d ___, we held that R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law and/or (2) unsupported by the record. Id. at ¶ 7. {¶ 2} The judgment of the court of appeals in the instant case is reversed, and the cause is remanded to the court of appeals for application of Marcum.

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

State v. Cole · filed 2016-05-12(G)(2)

Thus, R.C. 2953.08(G)(2) requires an appellate court to review the entire record to determine if it clearly and convincingly finds that the record does not support the sentencing court’s statutory findings or if the sentence is otherwise contrary to law.

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

State v. Carrion · filed 2016-05-12(G)(2)

When reviewing felony sentences, this court may increase, reduce, or modify a sentence, or it may vacate and remand the matter for resentencing, only if we clearly and convincingly find that either the record does not support the sentencing court’s statutory findings or the sentence is contrary to law. R.C. 2953.08(G)(2).

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

State v. Cornelison (Slip Opinion) · filed 2016-05-17(G)(2)

In State v. Marcum, ___ Ohio St.3d ___, 2016-Ohio-1002, ___ N.E.3d ___, we held that R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law and/or (2) unsupported by the record. ... The judgment of the court of appeals in the instant case is reversed, and the cause is remanded to the court of appeals for application of Marcum.

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

State v. Brandenburg (Slip Opinion) · filed 2016-05-17(G)(2)

In State v. Marcum, ___ Ohio St.3d ___, 2016-Ohio-1002, ___ N.E.3d ___, we held that R.C. 2953.08(G)(2) allows an appellate court to 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. ... The judgment of the court of appeals in the instant case is reversed, and the cause is remanded to the court of appeals for application of Marcum.

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

State v. McGowan · filed 2016-05-17(G)(2)

In State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, we held that R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law and/or (2) unsupported by the record. ... The judgment of the court of appeals in the instant case is reversed, and the cause is remanded to the court of appeals for application of Marcum.

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

State v. Heineman · filed 2016-05-19(G)(2)

{¶78} R.C. 2953.08(G)(2) provides, in part, that when reviewing felony sentences, 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 R.C. 2929.14(C)(4),” or that (2) “the sentence is otherwise contrary to law,” then we may conclude that the court erred in sentencing.

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

State v. Owens · filed 2016-05-20(G)(2)

R.C. 2953.08(G)(2) establishes that an appellate court may increase, reduce, modify, or vacate and remand a dispute[d] sentence if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law. ... We find the trial court’s sentence was not excessive, nor was it contrary to law.

Section 2953.08(D)(3) bars evidentiary appellate review of an aggravated murder sentence imposed under sections 2929.02 to 2929.06, but does not bar review of restitution ordered under section 2929.18.

State v. Nitsche · filed 2016-05-26(D)(3)

Accordingly, pursuant to R.C. 2953.08(D)(3), we lack statutory authority to review Nitsche’s sentence for aggravated murder on an evidentiary basis. ... Accordingly, we conclude that R.C. 2953.08(D)(3) does not preclude our review of the trial court’s restitution order in this case.

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

State v. Roberson · filed 2016-05-27(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either of the following: (a) That the record does not support the sentencing court’s findings under division (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 change 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. Missler · filed 2016-05-27(G)(2)

We review a felony sentence under the two-prong approach set forth in R.C. 2953.08(G)(2). ... R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either of the following: (a) That the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant; (b) That the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only 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. Mims · filed 2016-05-31(G)(2)

The Ohio Supreme Court recently resolved the question of what standard of review to apply to felony sentences challenged on appeal: "Applying the plain language of R.C. 2953.08(G)(2), * * * an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law." State v. Marcum, Slip Opinion 2016-Ohio-1002, ¶ 1.

Section 2953.08(G)(2)(a) permits an appellate court to modify consecutive sentences if it clearly and convincingly finds that the record does not support the required findings.

State v. Williams · filed 2016-06-16(G)(2)(a)

An appellate court may increase, reduce, or otherwise modify an order of consecutive sentences if it finds that the record clearly and convincingly does not support findings made under R.C. 2929.14(C)(4). See R.C. 2953.08(G)(2)(a).

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

State v. Ladson · filed 2016-06-16(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences where the court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4),” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) requires an appellate court to affirm a felony sentence unless the record does not support applicable mandatory findings or the sentence is inconsistent with other law.

State v. Lough · filed 2016-06-20(G)(2)

Like the Kalish standard, R.C. 2953.08(G)(2) provides a two-step analysis for reviewing the imposition of a felony sentence. Specifically, an appellate court must affirm the felony sentence unless: (1) the trial court’s findings on applicable mandatory requirements are not supported by the record; or (2) the sentence is not consistent with other relevant aspects of the law.

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

State v. Harris · filed 2016-06-23(G)(2)

R.C. 2953.08(G)(2) states that when reviewing prison sentences, “[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.”

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

State v. Taylor · filed 2016-06-24(G)(2)

We may only vacate or modify Taylor’s sentence if we clearly and convincingly find that it is either contrary to law or that the record does not support any mandatory sentencing findings. See State v. White, 2013-Ohio-4225, 997 N.E.2d 629, ¶ 11 (1st Dist.); R.C. 2953.08(G)(2).

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

State v. Brown · filed 2016-06-24(G)(2)

We cannot modify or vacate Brown’s sentence unless we clearly and convincingly find that the record does not support it.

Section 2953.08(G) governs appellate review of felony sentences and requires clear and convincing evidence that the record does not support a sentence before an appellate court may modify or vacate it on that ground.

State v. Stevens · filed 2016-06-30(G)

Recently, the Ohio Supreme Court reaffirmed that we review felony sentences pursuant to R.C. 2953.08(G). ... Moreover, Stevens has failed to show by clear and convincing evidence that the record does not support his sentence.

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

State v. McCarty · filed 2016-06-30(G)(2)

In reviewing felony sentences, we apply the standard of review set forth in R.C. 2953.08(G)(2). That section directs the appellate court “to review the record, including the findings underlying the sentence” and to modify or vacate the sentence “if it clearly and convincingly finds * * * (a) [t]hat the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14 * * * of the Revised Code * * * [or] (b) [t]hat the sentence is otherwise contrary to law.”

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

State v. Hook · filed 2016-06-22(G)(2)

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

Section 2953.08(G)(2) does not allow an appellate court to independently reweigh sentencing factors.

State v. Ongert · filed 2016-04-14(G)(2)

The Marcum decision does not expand R.C. 2953.08(G)(2) to allow appellate courts to independently weigh the sentencing factors in appellate review.

Section 2953.08(G)(2)(b) limits review of costs for confinement and appointed counsel to whether the record shows that the trial court considered the defendant’s ability to pay.

State v. Farless · filed 2016-04-15(G)(2)(b)

Because of our limited review under R.C. 2953.08(G)(2)(b), we review only whether there was evidence in the record that the court considered the defendant’s ability to pay the cost of confinement and appointed counsel.

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

State v. Behrendt · filed 2016-03-11(G)(2)

We review felony sentences under the two-prong approach set forth in R.C. 2953.08(G)(2). R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds either of the following: (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) bars abuse-of-discretion review of challenges to felony sentencing terms.

State v. Marcum (Slip Opinion) · filed 2016-03-15(G)(2)

Accordingly, we hold that appellate courts may not apply the abuse-of-discretion standard in sentencing-term challenges.

Section 2953.08(G)(2) directs appellate courts to review felony sentences for specified unsupported findings or a sentence that is otherwise contrary to law.

State v. Jones · filed 2016-03-17(G)(2)

Pursuant to R.C. 2953.08(G)(2), in reviewing felony sentences, the reviewing court must determine whether it “clearly and convincingly” finds 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.”

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

State v. Dickens · filed 2016-03-22(G)(2)

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

Section 2953.08(G)(2) limits an appellate court’s power to modify or vacate a felony sentence to sentences that are clearly and convincingly contrary to law.

State v. M.L.D. · filed 2016-03-24(G)(2)

The trial court retains discretion in sentencing, and we may not modify or vacate a sentence unless it is clearly and convincingly contrary to law. R.C. 2953.08(G)(2); State v. Rivera, 10th Dist. No. 10AP-945, 2012-Ohio-1915, ¶ 51. The sentence imposed here by the trial court is within the range specified by statute.

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 contrary to law.

State v. Hicks · filed 2016-04-01(G)(2)

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

Section 2953.08(D) bars appellate review of a sentence that is authorized by law, jointly recommended by the defendant and prosecution, and imposed by the sentencing judge.

State v. Bowshier · filed 2016-04-01(D)

However, the Ohio Supreme Court explicitly has held that “[a] sentence imposed upon a defendant is not subject to review under [R.C. 2953.08(D) ] if the sentence is authorized by law, has been recommended jointly by the defendant and the prosecution in the case, and is imposed by a sentencing judge.” ... We have continued to follow Weese, and will do so until the Supreme Court of Ohio indicates otherwise.

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

State v. Dixon · filed 2016-04-06(G)(2)

Under R.C. 2953.08(G)(2), we may only modify or vacate a defendant's sentence if we find, clearly and convincingly, that (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) provides the two-prong standard for appellate review of felony sentences.

State v. Scott · filed 2016-04-08(G)(2)

We review felony sentences under the two-prong approach set forth in R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to alter 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. Montgomery · filed 2016-04-11(G)(2)

Based on the foregoing, we cannot find that Montgomery’s sentence was contrary to law or that the record does not support the sentencing court’s findings. R.C. 2953.08(G)(2).

Section 2953.08(G)(2)(a) 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 consecutive-sentence findings.

State v. Johnson · filed 2016-04-14(G)(2)(a)

Further, R.C. 2953.08(G)(2)(a) directs an appellate court “to review the record, including the findings underlying the sentence” and to modify or vacate the sentence “if it clearly and convincingly finds * * * [t]hat the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14 * * * of the Revised Code.” This is such a case.

Section 2953.08(G)(2) sets a two-prong standard for appellate review of felony sentences.

State v. Davis · filed 2016-04-15(G)(2)

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

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

State v. Mitchell · filed 2016-04-21(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, the appellate court may overturn the imposition of consecutive sentences where the reviewing court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4),” or (2) “the sentence is otherwise contrary to law.” ... Additionally, we cannot clearly and convincingly find that the record does not support the trial court’s findings.

Section 2953.08(G)(2) permits an appellate court to uphold a maximum felony sentence when the record supports it and it is not clearly and convincingly contrary to law.

State v. Nelson · filed 2016-04-25(G)(2)

Thus, the trial court’s imposition of the maximum allowable prison term was supported by the record and is not clearly and convincingly contrary to law.

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

State v. Grove · filed 2016-04-28(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, the appellate court may overturn the imposition of consecutive sentences where the reviewing court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4),” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) requires an appellate court to affirm consecutive sentences when the required findings were made unless it clearly and convincingly finds that the record does not support those findings.

State v. Griffin · filed 2016-04-28(G)(2)

R.C. 2953.08(G)(2) makes it clear that if the court has properly made the required findings in order to impose consecutive sentences, we must affirm those sentences unless we “clearly and convincingly” find “[t]hat the record does not support the court’s findings[.]”

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

State v. Carter · filed 2016-04-28(G)(2)

The Supreme Court held that pursuant to R.C. 2953.08(G)(2): ... [A]n appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law. ... Thus, based on the above, Carter has not shown by “clear and convincing evidence that the record does not support the sentence.”

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

State v. Jones · filed 2016-05-02(G)(2)

R.C. 2953.08(G)(2) explicitly states that "[t]he appellate court's standard for review is not whether the sentencing court abused its discretion."

Section 2953.08(G)(2)(a) requires an appellate court to affirm consecutive felony sentences unless it clearly and convincingly finds that the record fails to support the trial court’s findings under section 2929.14(C)(4).

State v. Sutton · filed 2016-05-02(G)(2)(a)

Accordingly, the trial court’s imposition of consecutive terms will be affirmed unless this court clearly and convincingly finds that the record fails to support the trial court’s findings under R.C. 2929.14(C)(4).

Section 2953.08(G)(2) directs appellate courts to review the record and modify or vacate a felony sentence if they clearly and convincingly find that required sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Aikens · filed 2016-05-02(G)(2)

Generally, in reviewing felony sentences, we apply the standard of review set forth in R.C. 2953.08(G)(2).

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

State v. D.S. · filed 2016-05-05(G)(2)

Accordingly, pursuant to R.C. 2953.08(G)(2) and Marcum, we consider whether (1) appellant's sentence is clearly and convincingly contrary to law, or (2) the record does not support appellant's sentence by clear and convincing evidence.

Section 2953.08(G)(2) permits an appellate court to reverse consecutive sentences supported by the required findings only if it clearly and convincingly finds that the record does not support those findings.

State v. Withrow · filed 2016-05-06(G)(2)

Appellate judges sometimes disagree with sentences, yet affirm based upon the applicable standard of review set forth in R.C. 2953.08(G)(2). This statute provides that where a trial court properly makes the findings mandated by R.C. 2929.14(C)(4), an appellate court may not reverse the trial court’s imposition of consecutive sentences unless it first clearly and convincingly finds that the record does not support the trial court’s findings.

Section 2953.08(G)(2)’s clear-and-convincing review standard applies to all felony sentencing-term challenges, including challenges to maximum sentences.

State v. Dixon · filed 2016-05-06(G)(2)

In Marcum, the Ohio Supreme Court made clear that the standard contained in R.C. 2953.08(G)(2) applies to all felony sentencing-term challenges. Here the trial court properly considered the criteria found in R.C. 2929.11 and R.C. 2929.12, and the record does not clearly and convincingly fail to support its decision to impose maximum sentences.

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

State v. Ahlers · filed 2016-05-09(G)(2)

Rather, R.C. 2953.08(G)(2) compels an appellate court to modify or vacate a sentence only if the court finds by clear and convincing evidence that (1) "the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant;" or (2) "[t]hat the sentence is otherwise contrary to law." R.C. 2953.08(G)(2)(a)-(b).

Section 2953.08(A)(4) provides for review of a maximum felony sentence to determine whether it is contrary to law.

State v. Hutchinson · filed 2016-03-10(A)(4)

We therefore review Hutchinson’s sentence to determine whether it is contrary to law under R.C. 2953.08(A)(4).

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

State v. Sims · filed 2014-08-15(G)(2)

Under R.C. 2953.08(G)(2), we may either increase, reduce, or otherwise modify a sentence, or vacate the sentence and remand the matter for resentencing where we clearly and convincingly find that the sentence is contrary to law.