Ohio Rev. Code Ann. § 2953.08

Section 2953.08(G)(1) permits an appellate court to modify a felony sentence or vacate and remand the entire sentence, which requires a complete hearing on resentencing.

State v. Bolton · filed 2001-05-14(G)(1)

R.C. 2953.08(G)(1) gives the court of appeals the power only to modify ... or vacate and remand a sentence on appeal. We do not have the power to vacate just a portion of the sentence. Therefore, the trial court must conduct a complete sentencing hearing upon resentencing a defendant.

Former § 2953.08(G)(1)(d) permits an appellate court to modify a sentence to remove the unlawful "bad time" component.

State v. Davis, Unpublished Decision (5-16-2001) · filed 2001-05-16(G)(1)(d)

Pursuant to former R.C. 2953.08 (G)(1)(d), we modify the trial court's sentence to reflect that Davis cannot be made subject to "bad time" pursuant to R.C. 2967.11 .

Section 2953.08(G)(1) requires remand for resentencing when the record fails to show that the trial court considered the factors in section 2929.13(B).

State v. Marks, Unpublished Decision (6-13-2001) · filed 2001-06-13(G)(1)

As previously mentioned, R.C. § 2953.08 (G)(1) requires us to remand the case for resentencing if the record fails to show that the trial court considered the factors in R.C. § 2929.13 (B). Because there is neither a general statement in the record that the trial court considered the factors in R.C. § 2929.13 (B), nor any indication that the court considered any particular factor, we must remand this case for resentencing.

Section 2953.08(G) permits an appellate court to remand for resentencing when it clearly and convincingly finds that the trial court acted contrary to law.

State v. Reid, Unpublished Decision (9-26-2001) · filed 2001-09-26(G)

An appellate court may remand a matter on appeal for resentencing if it finds that the trial court clearly and convincingly acted contrary to law. R.C. 2953.08 (G).

Section 2953.08(G) permits an appellate court to modify or vacate a sentence it clearly and convincingly finds contrary to law, but remand is appropriate when the trial court should have an opportunity to explain its sentencing reasons.

State v. Jones · filed 2001-10-03(G)

When a court of appeals “clearly and convincingly finds” that a sentence imposed by the trial court is contrary to law, the court of appeals may modify the sentence or vacate the sentence and remand the matter to the trial court for resentencing. R.C. 2953.08(G). While we agree with the court of appeals’ determination that the sentence imposed by the trial court in this case was contrary to law, we find that the court of appeals erred in modifying the sentence rather than vacating it and remanding the cause to the trial court for resentencing.

Section 2953.08(G)(1) permits an appellate court to remand for resentencing when it clearly and convincingly finds that the trial court acted contrary to law or the record.

State v. Artrip, Unpublished Decision (8-22-2001) · filed 2001-08-22(G)(1)

When reviewing an appeal of a sentence, an appellate court may remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G)(1).

Section 2953.08(G)(2)(b) gives a court of appeals discretion to resentence a defendant or remand for resentencing when it clearly and convincingly finds the sentence contrary to law.

State v. Iacona · filed 2001-08-29(G)(2)(b)

A court of appeals hearing an appeal of sentencing “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 court clearly and convincingly finds that the sentence is contrary to law. R.C. 2953.08(G)(2)(b). This statutory language clearly vests the court of appeals with discretion in determining whether to resentence the defendant or remand to the trial court for resentencing.

Missing required sentencing findings and reasons ordinarily require vacatur and resentencing, but a defendant who agreed to the sentence waives that error.

State v. Strzala, Unpublished Decision (10-11-2001) · filed 2001-10-11(G)(1)

Absent these required findings, and the reasons for the findings, on the record, the entire sentence must ordinarily be vacated and the matter remanded for re-sentencing in its entirety. Bolling, supra 2001 Ohio App. LEXIS 3248 at 9, citing Bolton, supra, and R.C. 2953.08 (G)(1). However, the record demonstrates that the agreed-upon sentence of imprisonment, with its maximum and consecutive terms of incarceration, was central to the plea agreement. Thus, appellant has waived any error with regard to that sentence because he received the agreed-upon sentence that he bargained for.

Section 2953.08(G)(1) requires an appellate court to remand a felony sentence when the trial court fails to make required findings.

State v. Fails, Unpublished Decision (11-9-2001) · filed 2001-11-09(G)(1)

If the trial court fails to make the required findings, then the appellate court must remand the matter to the trial court, instructing the trial court to state, on the record, its requisite findings. R.C. 2953.08 (G)(1).

Section 2953.08(G)(2) permits an appellate court to remand for resentencing if it clearly and convincingly finds that the trial court acted contrary to law.

State v. Holmes, Unpublished Decision (01-30-2002) · filed 2002-01-30(G)(2)

An appellate court may remand a matter on appeal for resentencing if it finds that the trial court clearly and convincingly acted contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G)(2) allows an appellate court to modify a sentence or vacate it and remand for resentencing when the trial court errs in sentencing.

State v. Miller, Unpublished Decision (2-1-2002) · filed 2002-02-01(G)(2)

When a trial court errs in sentencing a defendant, our statutory choices are to: (1) "increase, reduce, or otherwise modify [the] sentence"; or (2) "vacate the sentence and remand the matter to the sentencing court for resentencing." See R.C. 2953.08 (G)(2).

Section 2953.08(G)(1) requires remand when a sentencing court fails to state specified findings on the record.

State v. Carter, Unpublished Decision (2-11-2002) · filed 2002-02-11(G)(1)

We vacate the sentences imposed for forgery and assault, and direct the trial court to make the appropriate, applicable finding(s) on the record, pursuant to R.C. 2953.08 (G).

Section 2953.08(G)(1) requires an appellate court to remand a felony sentence when the trial court fails to make required findings, so the trial court can state them on the record.

State v. O'hora, Unpublished Decision (4-5-2002) · filed 2002-04-05(G)(1)

If the trial court fails to make the required findings, then the appellate court must remand the matter to the trial court, instructing the trial court to state, on the record, its requisite findings. R.C 2953.08 (G)(1).

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence on appeal.

State v. Hendrickson, Unpublished Decision (2-15-2002) · filed 2002-02-15(G)(2)

Upon appeal, the appellate court may modify a sentence imposed by the trial court. R.C. 2953.08 (G)(2). We order that the sentence imposed by the trial court be vacated and the cause is remanded to the Common Pleas Court of Union County for entry of judgment in accord with the plea agreement placed on the record at the scheduling conference and for execution.

Section 2953.08(G)(2) permits an appellate court to vacate a felony sentence and remand for resentencing when it finds by clear and convincing evidence that the sentence is contrary to law.

State v. Dumford, Unpublished Decision (3-22-2002) · filed 2002-03-22(G)(2)

R.C. 2953.08 (G)(2) authorizes appellate courts to increase, reduce, or otherwise modify or vacate a sentence and remand the matter to the trial court for re-sentencing if the court finds by clear and convincing evidence: (a) That the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13 ; division (E)(4) of section 2929.14 , or division (H) 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 modify a sentence only upon clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Sanders, Unpublished Decision (3-29-2002) · filed 2002-03-29(G)(2)

An appellate court may modify a sentence only if it finds by clear and convincing evidence that the sentence is either not supported by the record or is contrary to law. R.C. 2953.08 (G)(2). ... We find that the trial court's decision to impose consecutive sentences is supported by the record and is not contrary to law.

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

State v. Sutton, Unpublished Decision (4-10-2002) · filed 2002-04-10(G)(2)(b)

An appellate court hearing an appeal under R.C. 2953.08 (A)(2) may vacate the sentence and remand the matter to the sentencing court if it clearly and convincingly finds that the sentence is contrary to law. R.C. 2953.08 (G)(2)(b). ... After reviewing the record and the applicable statutory provisions, this Court clearly and convincingly finds that the trial court's sentence of Appellant, a first-time, non-violent offender, to six months in prison was contrary to law.

Section 2953.08(G)(1) requires remand with instructions to state required sentencing findings when the sentencing court fails to state them on the record.

State v. Kitchen, Unpublished Decision (5-9-2002) · filed 2002-05-09(G)(1)

We therefore sustain this assignment of error and remand this case to the trial court with instructions to make the required findings. See R.C. 2953.08 (G)(1).

Section 2953.08(G)(1) allows an appellate court to remand for resentencing when it clearly and convincingly finds that the trial court acted contrary to law or the record.

State v. Asburay, Unpublished Decision (6-5-2002) · filed 2002-06-05(G)(1)

When reviewing an appeal of a sentence, an appellate court may remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G)(1).

Section 2953.08(G)(2) permits a reviewing court to vacate a felony sentence and remand for resentencing when clear and convincing evidence shows that the record does not support the sentencing court’s findings or that the sentence is contrary to law.

State v. Reeder · filed 2002-06-05(G)(2)

R.C. 2953.08(G) permits a reviewing court to vacate a sentence and remand it to the trial court for resentencing, if the reviewing court finds by clear and convincing evidence that “the record does not support the sentencing court’s findings * * * [or] [t]hat the sentence is otherwise contrary to law.” ... Thus, we find clear and convincing evidence that the appellant’s sentence is contrary to law.

Section 2953.08(G)(2) permits a reviewing court to modify a consecutive sentence or vacate it and remand for resentencing when the record does not support the sentencing court’s findings.

State v. Jefferson, Unpublished Decision (8-22-2002) · filed 2002-08-22(G)(2)

Consequently, we are guided by R.C. 2953.08 (G)(2), which authorizes a reviewing court to increase, reduce, or otherwise modify a sentence when the record does not support the sentencing court's findings relative to the imposition of consecutive sentences under R.C. 2929.14 (E)(4) or to vacate the sentence and remand for resentencing. We choose the latter.

Section 2953.08(G)(2) allows an appellate court to reduce or modify a felony sentence, but a sentence within the statutory range need not be modified absent a clear and convincing showing that the record warrants it.

State v. Robar, Unpublished Decision (8-22-2002) · filed 2002-08-22(G)(2)

Because the sentence is within the permitted statutory range, and because of the factors mentioned by the trial court in relation to the seriousness of the offense, there has not been a clear and convincing showing that we should exercise our authority to reduce or modify the sentence pursuant to R.C. 2953.08 (G)(2).

Section 2953.08(G) permits an appellate court to modify 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. Earle, Unpublished Decision (8-30-2002) · filed 2002-08-30(G)

R.C. 2953.08 (G) provides that a reviewing court may modify a felony sentence if it finds by clear and convincing evidence one of the following: "(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)(b) allows an appellate court to remand for resentencing if it clearly and convincingly finds that the trial court acted contrary to law.

State v. Sackett, Unpublished Decision (9-18-2002) · filed 2002-09-18(G)(2)(b)

An appellate court may remand a matter to the trial court for resentencing if it finds that the trial court clearly and convincingly acted contrary to law. R.C. 2953.08 (G)(2)(b).

Section 2953.08(G)(2) permits remand for resentencing when the record does not support one of the sentencing court's findings under § 2929.13(B), even if another finding supports a prison term.

State v. Biggs, Unpublished Decision (9-24-2002) · filed 2002-09-24(G)(2)

While the state is correct that the trial court was only required to find one of the R.C. 2929.13 (B)(1) factors in order to lawfully impose a prison term, R.C. 2953.08 (G)(2) authorizes an appellate court to remand a case for resentencing where "the record does not support the sentencing court's findings under division (B) * * * of section 2929.13 ." In the present case, the 11-month prison term imposed by the trial court is only one month short of the maximum sentence that the trial could have lawfully imposed. R.C. 2929.14 (A)(5). Given the relative severity of this sentence, we believe that this matter must be remanded for resentencing in light of our conclusion that the record is devoid of any support for one of the only two R.C. 2929.13 (B)(1) factors that the trial court found applicable in sentencing defendant.

Section 2953.08(G)(1) requires remand for missing findings under its listed provisions, but missing findings under section 2929.14(B) do not trigger that requirement.

State v. Budenz, Unpublished Decision (10-24-2002) · filed 2002-10-24(G)(1)

R.C. 2953.08 (G)(1) provides that when a sentencing court fails to make the findings required by R.C. 2929.13 (B), 2929.13 (D), 2929.14 (E)(4) and 2929.20 (H), a reviewing court must remand the cause to the sentencing court with instructions to state on the record the required findings. This case involves findings required pursuant to R.C. 2929.14 (B), however, which is not one of the statutory sections specified in R.C. 2953.08 (G)(1). Accordingly, we have the power to modify appellant's sentence.

Section 2953.08(G)(1) requires remand when a sentencing court fails to state required findings on the record; if the court considered the factors when sentencing, it may state them in a modified entry without a new hearing.

State v. Marks, Unpublished Decision (11-13-2002) · filed 2002-11-13(G)(1)

The trial court's handling of our directive was entirely consistent with the provisions of R.C. 2953.08 (G)(1). ... "If the sentencing court was required to make the findings required by division (B) or (D) of section 2929.13 * * * of the Revised Code relative to the imposition or modification of the sentence, and if the sentencing court failed to state the required findings on the record, the court hearing an appeal under division (A), (B), or (C) of this section shall remand the case to the sentencing court to state, on the record, the required findings." ... If, however, the trial court merely failed to specifically state which factors were considered in its original order, but the factors were, in fact, considered and their specific inclusion into the order was mere oversight, the trial court was free to correct its order by modifying it to include those original considerations.

Section 2953.08(G)(1) requires an appellate court to remand when the sentencing court fails to make required findings, so the sentencing court can state them on the record.

State v. West, Unpublished Decision (1-15-2003) · filed 2003-01-15(G)(1)

If a trial court fails to make the required findings, the appellate court "shall remand the case to the sentencing court and instruct the sentencing court to state, on the record, the required findings." R.C. 2953.08 (G)(1). ... After careful review of the record, this Court finds that the trial court clearly made the required findings and provided the necessary reasons for imposing consecutive sentences upon appellant.

Section 2953.08(G)(2)(b) permits an appellate court to remand for resentencing if it finds that the trial court clearly and convincingly acted contrary to law.

State v. Powe, Unpublished Decision (11-6-2002) · filed 2002-11-06(G)(2)(b)

An appellate court may remand a matter to the trial court for resentencing if it finds that the trial court clearly and convincingly acted contrary to law. R.C. 2953.08 (G)(2)(b). ... Consequently, we cannot say that the record contains clear and convincing evidence that the trial court acted contrary to the law.

Section 2953.08(G)(2)(b) permits an appellate court to remand for resentencing if it clearly and convincingly finds that the trial court acted contrary to law.

State v. Wood, Unpublished Decision (11-20-2002) · filed 2002-11-20(G)(2)(b)

An appellate court may remand a matter to the trial court for resentencing if it finds that the trial court clearly and convincingly acted contrary to law. R.C. 2953.08 (G)(2)(b).

Section 2953.08(G)(2)(b) authorizes an appellate court to increase, reduce, modify, or vacate and remand a sentence that is contrary to law.

State v. Sears, Unpublished Decision (11-18-2002) · filed 2002-11-18(G)(2)(b)

R.C. 2953.08 grants appellate courts the authority to increase, reduce, modify, or vacate and remand to the trial court sentences that are contrary to law.

Section 2953.08(G)(2)(b) permits an appellate court to vacate a felony sentence imposed contrary to law and remand for resentencing.

State v. Mattingly, Unpublished Decision (11-20-2002) · filed 2002-11-20(G)(2)(b)

If a sentence is imposed contrary to law, the appellate court may vacate and remand for resentencing. R.C. 2953.08 (G)(2)(b). ... Pursuant to R.C. 2953.08 (G)(2), we vacate the sentence and remand for resentencing.

Section 2953.08(G)(2) permits an appellate court to modify a sentence for unsupported sentencing findings only if it finds by clear and convincing evidence that the record does not support them.

State v. Sour, Unpublished Decision (11-22-2002) · filed 2002-11-22(G)(2)

Upon the record before us, we are not prepared to find, by the clear and convincing standard set forth in R.C. 2953.08 (G)(2), that the requisite statutory findings for the imposition of consecutive sentences are not supported by the record.

As it existed in 2000, § 2953.08 did not permit a sentence reduction based on a convict's subjective belief that he was rehabilitated.

State v. Cook, Unpublished Decision (12-18-2002) · filed 2002-12-18

R.C. § 2953.08 , as it existed at the time Appellant filed his motion, allowed the defendant to seek a modification of a sentence imposed under the felony sentencing guidelines only in certain well-defined and limited circumstances. That provision did not allow for a sentence reduction based on a convict's subjective belief that he was rehabilitated.

Section 2953.08(G)(2)(b) permits an appellate court to remand for resentencing if it finds clearly and convincingly that the trial court acted contrary to law.

State v. Watkins, Unpublished Decision (2-5-2003) · filed 2003-02-05(G)(2)(b)

An appellate court may remand a matter to the trial court for resentencing if it finds that the trial court clearly and convincingly acted contrary to law. R.C. 2953.08 (G)(2)(b). ... Consequently, we cannot say that the record contains clear and convincing evidence that the trial court acted contrary to the law.

Section 2953.08(G)(1) permits an appellate court to remand a sentence for resentencing if it finds by clear and convincing evidence that the trial court acted contrary to law or the record.

State v. Felber, Unpublished Decision (2-5-2003) · filed 2003-02-05(G)(1)

When reviewing an appeal of a sentence, an appellate court may remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G)(1).

Section 2953.08(G)(2)(b) permits an appellate court to modify a felony sentence, but the court may remand for resentencing when the trial court is better positioned to make the required findings.

State v. Chu, Unpublished Decision (2-6-2003) · filed 2003-02-06(G)(2)(b)

While this court recognizes its authority to modify the sentences in this matter, we find that the trial court is in the better position to determine if the shortest prison term would demean the seriousness of the appellants' conduct or would not adequately protect the public from future crime by the appellants.

Section 2953.08(G)(2) permits remand for resentencing when the appellate court clearly and convincingly finds that the trial court's findings lack record support or the sentence is contrary to law.

State v. Antoline, Unpublished Decision (3-12-2003) · filed 2003-03-12(G)(2)

An appellate court may remand a matter on appeal for resentencing if it clearly and convincingly finds that the court's findings are unsupported by the record or that the sentence imposed by the trial court is otherwise contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence that is contrary to law.

State v. Petralia, Unpublished Decision (4-4-2003) · filed 2003-04-04(G)

An appellate court may modify or vacate a sentence if the sentence is contrary to law. R.C. 2953.08 (G).

Section 2953.08(G)(2) allows an appellate court to modify a sentence appealed under divisions (A), (B), or (C), or to vacate it and remand for resentencing.

State v. Beal, Unpublished Decision (4-21-2003) · filed 2003-04-21(G)(2)

R.C. 2953.08 (G)(2) grants this court the authority to increase, reduce, or modify a sentence appealed under R.C. 2953.08 (A), (B), or (C). R.C. 2953.08 (G)(2) also grants this court the authority to vacate the sentence appealed under those sections and remand the matter to the trial court for re-sentencing. This sentence was appealed under R.C. 2953.08 (A), therefore R.C. 2953.08 (G)(2) applies.

Section 2953.08(G)(1) permits an appellate court to modify a felony sentence, but the court may remand for the trial court to reconsider sentencing under the correct legal standard.

State v. Bruce, Unpublished Decision (7-28-2003) · filed 2003-07-28(G)(1)

While we recognize that it is within our authority as an appellate court to "increase, reduce, [or] modify" Bruce's sentence under R.C. 2953.08 (G)(1), we conclude that the better practice is to allow the trial court to make sentencing decisions. Therefore, we remand this matter to the trial court for reconsideration as to whether the imposition of consecutive sentences is appropriate under the correct standard of law.

Section 2953.08(G)(1) requires a reviewing court to vacate a sentence and remand when the trial court fails to state the required findings or reasons on the record.

State v. Swain, Unpublished Decision (4-23-2003) · filed 2003-04-23(G)(1)

Where the trial court has failed to state these findings or reasons on the record, a reviewing court shall vacate the sentence and remand the case to the trial court. See R.C. 2953.08 (G)(1); see, also, State v. Brown , 1st Dist. No. C-010683, 2002-Ohio-2762, at ¶ 6.

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence by imposing minimum prison terms.

State v. Condon · filed 2003-05-09(G)(2)

Pursuant to our authority under R.C. 2953.08 (G)(2), we impose the minimum prison term of six months on all counts, reducing Condon's term of imprisonment from thirty to eighteen months, and to be further reduced, appropriately, by all credit for which he is entitled for time served under R.C. 2967.19.1 and 2967.19.3.

Section 2953.08(G) allows an appellate court to modify an appealed sentence to correct the failure to merge counts.

State v. Buckner, Unpublished Decision (7-30-2003) · filed 2003-07-30(G)

Because we fail to see how Buckner's absence from the second sentencing hearing was prejudicial, we exercise our authority under R.C. 2953.08 (G) and modify that portion of his sentence imposing one year in prison for each of the four counts of having weapons under disability to reflect that those four counts have been merged and that Buckner is to serve a one year sentence for the merged counts.

Section 2953.08(G) permits an appellate court to leave a felony sentence unchanged when the record supports the trial court’s required findings.

State v. Myers · filed 2003-08-05(G)

Therefore, we cannot say that the record failed to support the trial court’s findings and, therefore, this court will not modify defendant’s sentence. See R.C. 2953.08(G).

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

State v. Brooks, Unpublished Decision (6-18-2003) · filed 2003-06-18(G)(2)

An appellate court may remand a matter on appeal for resentencing if it clearly and convincingly finds that the court's findings are unsupported by the record or that the sentence imposed by the trial court is otherwise contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G)(2)(b) allows an appellate court to increase a felony sentence only if it finds the sentence contrary to law.

State v. Duncan, Unpublished Decision (7-21-2003) · filed 2003-07-21(G)(2)(b)

However, to do so we would have to find that the sentence which the trial court imposed was contrary to law pursuant to R.C. 2953.08 (G)(2)(b) 1 and this court has consistently held that "`[a] sentence imposed within the statutory limits and upon consideration of the statutory criteria is generally within the trial court's discretion and will not be reversed on appeal.'" ... As Duncan was sentenced within the statutory guidelines after consideration of the appropriate statutory criteria, Duncan's assignment of error is overruled, and the judgment of the trial court is affirmed.

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

State v. Arrone, Unpublished Decision (9-29-2003) · filed 2003-09-29(G)(1) and (2)

If upon review an appellate court clearly and convincingly finds that the record does not support a sentencing court's statutorily mandated findings or that a sentence is otherwise contrary to law, R.C. 2953.08 (G)(1) and (2) authorize an appellate court to increase, reduce, or otherwise modify, or vacate the sentence and remand the matter to the trial court for re-sentencing.

Section 2953.08(G) permits an appellate court to remand for resentencing when it clearly and convincingly finds that the trial court’s findings lack record support or the sentence is otherwise contrary to law.

State v. Williams, Unpublished Decision (9-3-2003) · filed 2003-09-03(G)

An appellate court may remand a case for resentencing if it clearly and convincingly finds that the trial court's findings are unsupported by the record or that the sentence imposed by the trial court is otherwise contrary to law. R.C. 2953.08 (G).

Section 2953.08(G)(1) permits an appellate court to vacate felony prison terms and remand for resentencing when the sentence is contrary to law.

State v. Burgin, Unpublished Decision (9-19-2003) · filed 2003-09-19(G)(1)

Pursuant to R.C. 2953.08 (G)(1), we vacate the terms of incarceration and remand the case to the trial court for resentencing in accordance with State v. Comer .

Section 2953.08(G)(1) lets a court of appeals modify or vacate and remand a sentence, but does not let it vacate only part of a sentence.

State v. Douse, Unpublished Decision (10-2-2003) · filed 2003-10-02(G)(1)

R.C. 2953.08 (G)(1) also only gives the court of appeals the power to modify or vacate and remand a "sentence" on appeal. We do not have the power to only vacate a portion of the sentence.

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence when the record clearly and convincingly fails to support the sentencing findings.

State v. Schlecht, Unpublished Decision (10-3-2003) · filed 2003-10-03(G)(2)

Pursuant to R.C. 2953.08 (G)(2), the sentence of twelve months is modified to the minimum sentence of six months.

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

State v. Houston, Unpublished Decision (11-19-2003) · filed 2003-11-19(G)(2)(b)

An appellate court may modify a sentence or remand the matter for resentencing if it finds that the trial court clearly and convincingly acted contrary to the law.

Section 2953.08(G)(2)(b) permits an appellate court to remand for resentencing when clear and convincing evidence shows that the sentence was contrary to law.

State v. Peacock, Unpublished Decision (12-12-2003) · filed 2003-12-12(G)(2)(b)

R.C. 2953.08 (G)(2)(b) permits us to remand a matter for resentencing if we find by clear and convincing evidence that the sentence was contrary to law.

Section 2953.08(G)(1) requires an appellate court to remand a case when the sentencing court fails to make required findings.

State v. Gilcreast, Unpublished Decision (12-31-2003) · filed 2003-12-31(G)(1)

If a trial court fails to make the required findings, the appellate court "shall remand the case to the sentencing court and instruct the sentencing court to state, on the record, the required findings." R.C. 2953.08 (G)(1).

Section 2953.08(G)(1) requires remand when the sentencing court fails to state required findings on the record.

State v. Goodspeed, Unpublished Decision (4-9-2004) · filed 2004-04-09(G)(1)

When the court fails to make those findings, we are mandated to "remand the case to the sentencing court to state, on the record, the required findings." R.C. 2953.08 (G)(1).

Section 2953.08 permits an appellate court to vacate a sentence and remand for resentencing when the sentencing court’s failure to state required findings and reasons makes the sentence contrary to law.

State v. Ali, Unpublished Decision (4-8-2004) · filed 2004-04-08(G)(1), (G)(2)

We do not read the language in this provision as preventing us from vacating the sentence and remanding for resentencing. In fact, pursuant to R.C. 2953.08 (G)(2), we may vacate the sentence. ... By failing to state the required statutory findings and reasons, we believe Ali's sentence was imposed "contrary to law."

Section 2953.08(G)(1) requires an appellate court to remand when the sentencing court fails to make required findings.

State v. McGowan, Unpublished Decision (5-12-2004) · filed 2004-05-12(G)(1)

If a trial court fails to make the required findings, the appellate court "shall remand the case to the sentencing court and instruct the sentencing court to state, on the record, the required findings." R.C. 2953.08 (G)(1).

Section 2953.08(G)(1) requires an appellate court to remand when the sentencing court fails to state required findings under R.C. 2929.13(B) or R.C. 2929.14(E)(4) on the record.

State v. Langley, Unpublished Decision (5-14-2004) · filed 2004-05-14(G)(1)

R.C. 2953.08 (G)(1) states that if the sentencing court was required to make the findings required by R.C. 2929.13 (B) or R.C. 2929.14 (E)(4), relative to the imposition of the sentence, and if the sentencing court failed to state the required findings on the record, the court hearing an appeal * * * shall remand the case to the sentencing court and instruct the sentencing court to state, on the record, the required findings." Having found that the trial court failed to make the necessary findings pursuant to R.C. 2929.13 (B)(1), R.C. 2929.14 (C), R.C. 2929.14 (E)(4), and R.C. 2929.19 (B)(2)(d), we remand the matter to the trial court to make the required findings with respect to the gross abuse of a corpse sentence.

Section 2953.08(G)(2)(b) permits an appellate court to remand a sentence for resentencing upon clear and convincing evidence that the sentence is contrary to law.

State v. Martin, Unpublished Decision (6-18-2004) · filed 2004-06-18(G)(2)(b)

R.C. 2953.08 (G)(2)(b) permits us to remand a matter for resentencing if we find by clear and convincing evidence that the sentence was contrary to law. ... In accordance with our previous decision, we now hold that the trial court erred by failing to inform appellant of post release control during the sentencing hearing and, therefore, the sentence is vacated and this matter is remanded for resentencing.

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

State v. Singh · filed 2004-06-18(G)(2)

Thus, we have decided to vacate the prison term imposed upon appellant and impose community control. See R.C. 2953.08(G)(2) (permitting this court to reduce or otherwise modify a sentence where we clearly and convincingly find that the record does not support the court’s findings under R.C. 2929.13[B], the community control statute, or that the sentence is otherwise contrary to law).

Section 2953.08(G) permits remand for resentencing only when the appellate court clearly and convincingly finds that the trial court's findings lack record support or the sentence is otherwise contrary to law.

State v. Pruiett, Unpublished Decision (6-23-2004) · filed 2004-06-23(G)

This court may remand a case for re-sentencing only if it clearly and convincingly finds that the trial court's findings are not supported by the record or that the sentence imposed is otherwise contrary to law. R.C. 2953.08 (G).

Section 2953.08(G)(2)(b) requires an appellate court to vacate a sentence and remand for resentencing when the sentencing court fails to state reasons required by law.

State v. Voisard, Unpublished Decision (9-3-2004) · filed 2004-09-03(G)(2)(b)

R.C. 2953.08 (G)(1) requires an appellate court, when the sentencing court has failed to make statutorily required findings, to "remand the case to the sentencing court and instruct the sentencing court to state, on the record, the required findings." The section doesn't speak to a failure to state the reasons supporting the court's findings which are mandated by R.C. 2929.19 (B). However, because a sentence lacking required findings and/or reasons is one that is "contrary to law," which is the effect of the holdings in Comer and State v. Edmonson (1999), 86 Ohio St.3d 324 , R.C. 2953.08 (G)(2)(b) requires us to "vacate the sentence and remand the matter to the sentencing court for resentencing."

Section 2953.08(G) allows an appellate court to modify a felony sentence to correct sentencing errors without remanding for resentencing.

State v. Barnette, Unpublished Decision (12-28-2004) · filed 2004-12-28(G)

R.C. § 2953.08 (G)(1) does not require this Court to remand the case for resentencing based on the sentencing errors we have found in this appeal. R.C. § 2953.08 (G)(2) allows us to, "increase, reduce, or otherwise modify a sentence that is appealed under this section or vacate the sentence and remand the matter to the sentencing court for resentencing."

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

State v. Simons, Unpublished Decision (11-12-2004) · filed 2004-11-12(G)(2)

In the present case, we clearly and convincingly find that the record does not support at least one crucial finding in the trial court's sentencing entry. ... Pursuant to R.C. § 2953.08 (G)(2), we hereby modify Simons' sentence so that the six-year sentences for illegal use of a minor in nudity-oriented material and endangering children will be served concurrently rather than consecutively.

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

State v. Payne, Unpublished Decision (12-6-2004) · filed 2004-12-06(G)(2)

An appellate court may modify a trial court's sentence only if it clearly and convincingly finds either (1) that the record does not support the sentencing court's findings or (2) that the sentence is contrary to the law.

Section 2953.08(G)(2) permits an appellate court to remand for resentencing when it clearly and convincingly determines that a sentence is contrary to law.

State v. Jordan · filed 2004-12-01(G)(2)

As a general rule, if an appellate court determines that a sentence is clearly and convincingly contrary to law, it may remand for resentencing. See R.C. 2953.08(G)(2).

Section 2953.08(G) permits remand for resentencing only when the appellate court clearly and convincingly finds that the trial court’s findings lack record support or the sentence is otherwise contrary to law.

State v. Dolinar, Unpublished Decision (12-15-2004) · filed 2004-12-15(G)

This court may remand a case for re-sentencing only if it clearly and convincingly finds that the trial court's findings are not supported by the record or that the sentence imposed is otherwise contrary to law.

Section 2953.08(G)(2) requires an appellate court reviewing a felony sentence to examine the record and permits it to vacate the sentence and remand for resentencing.

State v. Robinson, Unpublished Decision (1-28-2005) · filed 2005-01-28(G)(2)

An appellate court's choices upon review of a sentence are set out in R.C. 2953.08 (G)(2). That section provides: {¶ 56} "The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by the sentencing court. {¶ 57} "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.

Section 2953.08 permits an appellate court to modify an erroneous felony prison sentence rather than remand for resentencing.

State v. Barnette, Unpublished Decision (2-2-2005) · filed 2005-02-02

While at the same time acknowledging that the trial court's sentencing errors discussed in our Opinion did, in fact, occur, and agreeing that this Court has the authority to modify a felony prison sentence pursuant to R.C. § 2953.08 , Appellee injects its own beliefs that we should ignore these errors. ... If Appellee had been so inclined, it could also have found many examples in which an appellate court, including this Court, found a sentencing error and modified the sentence accordingly, rather than remanding the case for resentencing.

Section 2953.08(G)(2)(b) authorizes an appellate court to modify and reduce a felony sentence that is contrary to law.

State v. Bruce · filed 2005-02-04(G)(2)(b)

As the sentence imposed on Bruce is contrary to law, this court is authorized to modify and reduce the sentence imposed.

Section 2953.08(G)(2)(b) authorizes an appellate court to modify a felony sentence.

State v. Woods, Unpublished Decision (2-23-2005) · filed 2005-02-23(G)(2)(b)

This court is authorized to modify the trial court's sentence, 3 and we hereby modify Woods's sentence to eleven months' incarceration.

Section 2953.08(G)(1) requires an appellate court to remand when the sentencing court fails to state required findings on the record.

State v. Dillard, Unpublished Decision (3-28-2005) · filed 2005-03-28(G)(1)

If the sentencing court does not make the requisite findings, the appellate court, "shall remand the case to the sentencing court and instruct the sentencing court to state, on the record, the required findings." R.C. § 2953.08 (G)(1).

Section 2953.08(G)(1) requires an appellate court to remand when the sentencing court fails to make required findings, with instructions to state those findings on the record.

State v. Franjonnie, Unpublished Decision (3-30-2005) · filed 2005-03-30(G)(1)

If a trial court does not make the findings required by R.C. 2929.13 (B), the appellate court must "remand the case to the [trial] court and instruct the sentencing court to state, on the record, the required findings."

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

State v. Richardson, Unpublished Decision (3-30-2005) · filed 2005-03-30(G)(2)

R.C. 2953.08 (G)(2) provides that a reviewing court may modify a sentence only if it finds clearly and convincingly that the record does not support the sentencing court's findings or that the sentence is contrary to law.

Section 2953.08(G) authorizes an appellate court to vacate a felony sentence and remand for resentencing when it clearly and convincingly finds that required consecutive-sentence findings were omitted or that the sentence was contrary to law.

State v. Tyler, Unpublished Decision (4-29-2005) · filed 2005-04-29(G)

R.C. 2953.08 (G) authorizes an appellate court to vacate a sentence and remand the case for resentencing if it clearly and convincingly finds that the sentencing court failed to make the findings required by R.C. 2929.14 (E)(4) in order to impose consecutive sentences, and/or that the sentence was imposed "contrary to law."

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

State v. Steele, Unpublished Decision (5-5-2005) · filed 2005-05-05(G)(2)

As a general rule, if an appellate court determines that a sentence is clearly and convincingly contrary to law, it may remand for resentencing. See R.C. 2953.08 (G)(2). ... In accordance with the foregoing, the proper remedy in this instance is to vacate defendant's sentence and remand the matter for resentencing.

Section 2953.08(G) permits an appellate court to modify a sentence itself or vacate it and remand for resentencing; modification without remand does not give the trial court jurisdiction to resentence.

State v. Connors, Unpublished Decision (5-27-2005) · filed 2005-05-27(G)

We note that R.C. 2953.08 (G) permits an appellate court to "increase, reduce, or otherwise modify a sentence * * * or [to] vacate the sentence and remand the matter to the sentencing court for resentencing." In Connors's direct appeal from his judgment of conviction, we elected to impose the modified sentence for aggravated riot, rather than remand the matter to the trial court for resentencing. Nevertheless, in March of 2000, the common pleas court, acting without the jurisdiction that a remand would have conferred, "re-sentence[d]" Connors by "reducing" his sentence for aggravated riot to eighteen months. By this judgment entry, the trial court duplicated our modification of the sentence without the jurisdiction to do so. Thus, the March 2000 entry constituted a legal nullity.

Section 2953.08(G)(2) allows an appellate court reviewing a felony sentence to modify it or vacate it and remand for resentencing.

State v. Woods, Unpublished Decision (6-1-2005) · filed 2005-06-01(G)(2)

When reviewing a sentence on appeal, an appellate court "may increase, reduce, or otherwise modify a sentence" or it may vacate the sentence and remand the matter for resentencing. R.C. 2953.08 (G)(2).

Section 2953.08(G) authorizes an appellate court to modify a felony sentence that is contrary to law when the record does not support a sentence above the statutory minimum.

State v. Nawash, Unpublished Decision (6-16-2005) · filed 2005-06-16(G)

Because there was no evidence in the record to support more than the minimum sentence on each offense, we find that Nawash's sentence was contrary to law. Accordingly, pursuant to our authority set forth in R.C. 2953.08 (G), we modify Nawash's sentence to a minimum prison term of six months for the attempted insurance fraud and two years for the merged counts of conspiracy and attempt to commit aggravated arson.

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

State v. Armetta, Unpublished Decision (7-21-2005) · filed 2005-07-21(G)(2)(b)

A court of appeals hearing an appeal regarding sentencing may increase, reduce, or otherwise modify a sentence if the court clearly and convincingly finds that the sentence is contrary to law. ... Accordingly, pursuant to the authority granted us by R.C. 2953.08 (G)(2)(b), we modify Armetta's sentence as follows: five years basic probation, 200 hundred hours community service to be supervised by the probation department, three years driver's license suspension, and $250 fine, plus court costs.

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

Cleveland v. Burks, Unpublished Decision (7-21-2005) · filed 2005-07-21(G)(2)

Accordingly, an appellate court may modify a trial court's sentence only if it clearly and convincingly determines that the record does not support the court's findings, or that the sentence is contrary to the law.

Section 2953.08(G) permits an appellate court to modify a felony sentence in certain circumstances instead of remanding for resentencing.

State v. Davis, Unpublished Decision (9-20-2005) · filed 2005-09-20(G)

Under R.C. 2953.08 (G) we may modify the court's sentence rather than remanding for resentencing in certain situations. ... Accordingly, we modify the sentence to include a finding that the presumption of a minimum sentence does not apply.

Section 2953.08(G)(1) requires an appellate court to remand for the sentencing court to state required findings on the record when it failed to make them.

State v. Jones, Unpublished Decision (8-9-2005) · filed 2005-08-09(G)(1)

Because the trial court did not make the requisite findings under either the unlettered or lettered provisions of R.C. 2929.14 (E)(4) on the record during the sentencing hearing, it erred in imposing consecutive sentences and the matter must be remanded pursuant to R.C. 2953.08 (G)(1), which requires an appellate court, when the sentencing court has failed to make statutorily required findings, to "remand the case to the sentencing court and instruct the sentencing court to state, on the record, the required findings."

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

State v. Orwick, Unpublished Decision (8-29-2005) · filed 2005-08-29(G)(2)

An appellate court may modify a trial court's sentence only if it clearly and convincingly finds either (1) that the record does not support the sentencing court's findings or (2) that the sentence is contrary to the law. R.C. 2953.08 (G)(2); see, also, Martin, 136 Ohio App.3d at 361 .

Section 2953.08(G)(2)(b) permits an appellate court to vacate a felony sentence that is contrary to law and remand for resentencing.

State v. Robinson, Unpublished Decision (9-29-2005) · filed 2005-09-29(G)(2)(b)

Because appellant was found guilty of rape with force of a victim under the age of thirteen, he should have been sentenced to a life term and the issue of the possibility of parole should have been addressed. Thus, pursuant to R.C. 2953.08 (G), we vacate appellant's sentence as being contrary to law and remand the case for resentencing.

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

State v. Rosado, Unpublished Decision (12-15-2005) · filed 2005-12-15(G)(2)

Pursuant to R.C. 2953.08 (G)(2), if an appellate court finds that an offender's sentence is contrary to law, 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."

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 sentencing court's findings or that the sentence is contrary to law.

State v. Neff, Unpublished Decision (12-27-2005) · filed 2005-12-27(G)(2)

An appellate court may modify a trial court's sentence only if it clearly and convincingly finds either (1) that the record does not support the sentencing court's findings or (2) that the sentence is contrary to the law. R.C. 2953.08 (G)(2); see Martin, 136 Ohio App.3d at 361 .

Section 2953.08(G)(2) permits an appellate court to reduce a felony sentence when the trial court imposes a longer prison term than it promised at the plea hearing.

State v. Heinzen, Unpublished Decision (2-24-2006) · filed 2006-02-24(G)(2)

Consequently, the court's imposition of a one-year prison term was error. ... Pursuant to R.C. 2953.08 (G)(2), the sentence is reduced to six months of imprisonment.

Section 2953.08(G)(1) requires remand when a sentencing court fails to state required findings on the record, even if the defendant did not object.

State v. Allen, Unpublished Decision (1-9-2006) · filed 2006-01-09(G)(1)

The statute creates a duty on this court, requiring remand anytime the court fails to provide the requisite statutory sentencing findings, regardless of the absence of an objection.

Section 2953.08(G)(1) requires an appellate court to remand for missing findings concerning a downward departure or judicial release so the sentencing court can state them on the record.

State v. Mathis · filed 2006-02-27(G)(1)

When findings under R.C. 2929.13(D) or 2929.20(H) are missing from the appellate record, the appellate court shall remand the case to the sentencing court to state on the record the required findings pursuant to R.C. 2953.08(G)(1), after which the appellate court shall either affirm or modify the sentence, or vacate the sentence and remand the case for a hearing de novo if the sentence is contrary to law.

After portions of § 2953.08(G) were held unconstitutional, an appellant cannot claim error based on a sentencing entry’s failure to include statutory findings.

State v. Stewart, Unpublished Decision (6-29-2006) · filed 2006-06-29(G)

Finally, we note that Foster also declared portions of R.C. 2953.08 (G) unconstitutional. That statute permitted an appellate court to remand matters for the trial court to make certain statutory findings it failed to make in sentencing matters. Foster, at ¶ 97. Thus, an appellant may not premise error on alleged procedural deficiencies of the trial court's sentencing entry. Summers, supra, at ¶ 4, quoting State v. Dudukovich, Lorain App. No. 05CA008729, 2006-Ohio-1309 ; Sapper, supra, at ¶ 6.

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

State v. Martin, Unpublished Decision (6-23-2006) · filed 2006-06-23(G)(2)(b)

Pursuant to R.C. 2953.08 (G), an appellate court may vacate the sentence and remand the matter to the trial court for resentencing if it "clearly and convincingly finds" that the sentence imposed by the trial court "is contrary to law." R.C. 2953.08 (G)(2)(b); State v. Mathis, 109 Ohio St.3d 54 , 2006-Ohio-855 , at ¶ 23 .

Section 2953.08(G) permits an appellate court to modify a felony sentence.

State v. Gibson, Unpublished Decision (8-11-2006) · filed 2006-08-11(G)

However, in the interests of justice and limited to the pertinent facts of this case, pursuant to R.C. 2953.08 (G) and App.R. 12(B), we modify the sentence imposed on count four to eighteen months, for an aggregate sentence of five and one-half years.

Section 2953.08(G) permits an appellate court to modify a felony sentence by deleting a term imposed for an allied offense.

State v. Quinones, Unpublished Decision (1-11-2007) · filed 2007-01-11(G)

Pursuant to R.C. 2953.08 (G), we modify appellant's sentence by deleting the concurrent four-year term on the kidnapping charge imposed by the trial court.

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

State v. Coleman, Unpublished Decision (2-2-2007) · filed 2007-02-02(G)(2)(b)

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 clear and convincing evidence shows that the sentence is "contrary to law." R.C. 2953.08 (G)(2)(b).

Section 2953.08(G)(2) does not permit an appellate court to vacate an entire sentence when the sentencing error concerns only the sanction for one specification.

State v. Evans · filed 2007-03-07(G)(2)

And pursuant to 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.” ... Thus, having reviewed the statutes pertaining to sentencing for offenses and specifications in light of Saxon, we conclude that an appellate court may not vacate and remand an entire sentence imposed upon a defendant when the error in sentencing pertains only to a sanction imposed for one specification.

Section 2953.08(G)(2)(b) permits an appellate court to modify a felony sentence and remand for execution of the modified sentence.

State v. Davis, Unpublished Decision (3-9-2007) · filed 2007-03-09(G)(2)(b)

On the authority contained in Section 3 (B)( 2 ), Article IV of the Ohio Constitution and R.C. § 2953.08 (G)(2)(b), the sentence is modified ... and this case remanded solely for the execution of this modified sentence.

Section 2953.08(G)(2) permits an appellate court to vacate sentences for allied offenses rather than remand for resentencing.

State v. White, 88491 (6-21-2007) · filed 2007-06-21(G)(2)

White urges us to remand for resentencing. We elect, however, to vacate the kidnapping convictions and sentences. See R.C. 2953.08 (G)(2); State v. Saxon , 109 Ohio St.3d 176 , 2006-Ohio-1245 ; State v. Yarbrough , 104 Ohio St.3d 1 , 2004-Ohio-6087 , _103.

Section 2953.08(G)(2) permits an appellate court to modify an appealed sentence when it finds an error in the sentencing hearing or the sentence imposed.

State v. Curd, 2006-L-159 (6-22-2007) · filed 2007-06-22(G)(2)

R.C. 2953.08 (G)(2) gives an appellate court the authority to "increase, reduce, or otherwise modify a sentence that is appealed * * *." However, it stands to reason that such a modification is warranted only where a reviewing court detects an error in the trial court's management of the sentencing hearing or in its imposition of sentence.

Section 2953.08(G)(2) permits an appellate court to modify a sentence it clearly and convincingly finds contrary to law, including an improper post-release-control term.

State v. Simpson, 88301 (8-23-2007) · filed 2007-08-23(G)(2)

{¶ 110} Under R.C. 2953.08 (G)(2), an appellate court "may increase, reduce, or otherwise modify a sentence * * * or may vacate that sentence and remand the matter to the sentencing court for resentencing. * * * The appellate court may take any action authorized by this division if it clearly and convincingly finds * * * [t]hat the sentence is otherwise contrary to law." {¶ 111} Accordingly, we modify Simpson's sentence to include five years of mandatory post-release control.

Section 2953.08(G) authorizes an appellate court to vacate a felony sentence and impose the original sentence.

State v. Sellers · filed 2007-09-13(G)

In view of the lengthy history of this case, and because there are no reasons in the record justifying the increased sentence, we find it prudent to vacate this sentence and simply impose the original sentence pursuant to our authority under R.C. 2953.08(G).

Section 2953.08(G)(2)(b) authorizes an appellate court to modify a felony sentence to run concurrently with other sentences and remand for execution of the modified sentence.

State v. Troglin, 14-06-57 (8-27-2007) · filed 2007-08-27(G)(2)(b)

On the authority under Section 3 (B)( 2 ), Article IV of the Ohio Constitution and R.C. 2953.08 (G)(2)(b), we modify Troglin's sentence on the second degree felony endangering conviction to run concurrently to the remainder of his sentence, for an aggregate prison term of eleven years, and remand solely for the execution of this modified sentence.

Section 2953.08(G)(2) permits an appellate court to resentence an offender directly, with credit for time served.

State v. Zucco, Unpublished Decision (11-1-2007) · filed 2007-11-01(G)(2)

We therefore vacate appellant's sentence, and at the suggestion of both the defense and State at oral argument, and in light of the fact that appellant has served his entire sentence and completed post-release control, "resentence" appellant, pursuant to R.C. 2953.08 (G)(2), to the original sentence, with credit for all time served.

Section 2953.08(G)(2) permits an appellate court to vacate, modify, or remand an unlawful sentence only with respect to a sentence appealed by a party.

State v. Hairston, 07ap-160 (11-6-2007) · filed 2007-11-06(G)(2)

Although we may vacate, modify or remand an unlawful sentence, pursuant to R.C. 2953.08 (G)(2), we may do so only with respect to the sentence appealed by a party.

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

State v. Deal, Unpublished Decision (11-8-2007) · filed 2007-11-08(G)(2)

Under R.C. 2953.08 (G)(2), an appellate court "may increase, reduce, or otherwise modify a sentence * * * or may vacate that sentence and remand the matter to the sentencing court for resentencing. * * * The appellate court may take any action authorized by this division if it clearly and convincingly finds * * * [t]hat the sentence is otherwise contrary to law." Deal's post-release control is contrary to law. ... Therefore, this court modifies Deal's mandatory five-years of post-release control to three years of discretionary post-release control.

Section 2953.08(G)(2) authorizes an appellate court to modify a felony sentence after finding actual vindictiveness in resentencing.

State v. Garrett, 2007 Ca 23 (4-11-2008) · filed 2008-04-11(G)(2)

Since actual vindictiveness has been established, Garrett's first assignment of error is sustained, and the judgement of the re-sentencing court is reversed and Garrett's sentence is modified to an aggregate term of 39 years pursuant to the authority set forth in Section 3 (B)( 2 ), Article IV of the Ohio Constitution and R.C. 2953.08 (G)(2).

Section 2953.08(G)(2)(b) authorizes an appellate court to modify a felony sentence that violates due process.

State v. Thrasher · filed 2008-10-03(G)(2)(b)

Pursuant to the authority contained in Section 3(B)(2), Article IV of the Ohio Constitution and R.C. 2953.08(G)(2)(b), defendant’s sentence is ordered modified to nine years on each count of rape and 17 months for gross sexual imposition, all sentences to be served concurrently, for a total sentence of nine years, as was imposed at the trial court’s original November 11, 2004 sentencing hearing.

Section 2953.08(G)(2) permits an appellate court to reinstate an original fine when a later sentencing entry erroneously increased it.

State v. Carpenter, Ca 2008-05-122 (3-16-2009) · filed 2009-03-16(G)(2)

Although appellant never appealed his sentence under Count Five, the trial court erroneously imposed a $5,000 fine under Count Five in its October 20, 2006 entry. The mistake was then carried over in the trial court's February 28, 2007 entry. The original $2,500 fine is therefore reinstated as to Count Five. See R.C. 2953.08 (G)(2).

Section 2953.08(G)(2)(b) authorizes an appellate court to modify a felony sentence by merging firearm specifications and reducing the aggregate prison term.

State v. Nowden, 07ca0120 (10-10-2008) · filed 2008-10-10(G)(2)(b)

Pursuant to the authority contained in Section 3 (B)( 2 ), Article IV , of the Ohio Constitution and R.C. 2953.08 (G)(2)(b), we modify Defendant's sentence by merging the firearm specifications attached to the two felonious assault counts pertaining to the shooting of Keith Thomas and Willie Thomas, and we impose one three year prison term on those merged firearm specifications, to be served consecutively to the other sentences, for a total aggregate sentence of forty-three years.

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence it finds clearly and convincingly contrary to law instead of remanding for resentencing.

State v. Stevens · filed 2008-11-03(G)(2)

Therefore, we find that the appealed portion of Stevens’s sentence is clearly and convincingly contrary to law. We think that the trial court should have merged his firearms-specification convictions, as R.C. 2929.14(D)(1)(b) requires, and imposed only one three-year prison term. Because this portion of the sentence was statutorily imposed, we find it expedient to modify his sentence -with the ability granted us by R.C. 2953.08(G)(2) rather than remand to the trial court for resentencing.

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

State v. Hartson, 91610 (4-2-2009) · filed 2009-04-02(G)(2)

We find that the trial court incorrectly imposed three years of mandatory postrelease control when it should have imposed three years of discretionary postrelease control. As we are permitted to do in R.C. 2953.08 (G)(2), we sua sponte modify his sentence to correct that error.

Section 2953.08(G)(2) allows an appellate court to modify a sentence or vacate it and remand for resentencing.

State v. Fischer · filed 2010-12-23(G)(2)

R.C. 2953.08(G)(2) also provides that an appellate court may “increase, reduce or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing.”

Section 2953.08(G)(2) permits an appellate court to vacate a felony sentence outside the statutory range and remand for resentencing on that offense alone.

State v. Jones · filed 2012-05-11(G)(2)

We vacate the sentence for the weapons-under-disability offense and remand this cause to the trial court for resentencing on only that offense. See R.C. 2953.08(G)(2).

Section 2953.08(G)(2) authorizes an appellate court to modify a felony sentence to make it lawful instead of remanding for resentencing.

State v. Bradley · filed 2009-10-02(G)(2)

Rather than remand this cause for yet another resentencing, we decide to exercise our authority under R.C. 2953.08(G)(2).

Section 2953.08(G)(2) does not permit an appellate court to modify an otherwise lawful sentence solely because of a dispute over eligibility for judicial release.

State v. Rizzi · filed 2010-06-07(G)(2)

Moreover, the issue of the application of the statute governing an offender’s eligibility for judicial release is not a sufficient basis for modifying the trial court’s sentence, which appears to be otherwise supported by the record and properly imposed by law. See R.C. 2953.08(G)(2).

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

State v. Moore-Bennett · filed 2011-04-21(G)(2)

An appellate court may modify a sentence when it finds by clear and convincing evidence that the sentence is contrary to law. R.C. 2953.08(G)(2).

Section 2953.08(G) permits an appellate court to vacate an unlawful portion of a sentence while affirming the remainder.

State v. Holly · filed 2011-05-12(G)

Instead, consistent with our authority under R.C. 2953.08(G), we vacate this portion of Holly’s sentence that includes an indefinite “no contact” order. The remainder of his sentence, which includes the imposition of six years in prison and a restitution order, that has not been challenged, we affirm in its entirety.

Section 2953.08(G)(2) allows an appellate court to modify a sentence to remove unauthorized post-release control without remanding for resentencing.

State v. West · filed 2012-06-13(G)(2)

In fact, the Supreme Court further stated that “a remand is just one arrow in the quiver” pointing out that R.C. 2953.08(G)(2) provides that an appellate court can modify a sentence and thus can correct a defect in a sentence without a remand in certain cases. ... Instead, this court shall modify appellant’s sentence so that any reference to post-release control is eliminated.

Section 2953.08(G)(2) gives an appellate court discretion to modify a felony sentence, including by changing consecutive terms to concurrent terms.

State v. Parker · filed 2011-03-25(G)(2)

Having sustained Parker’s second assignment of error, in part, and his third and sixth assignments of error, we will exercise the discretion conferred on us by R.C. 2953.08(G)(2) to modify the trial court’s judgment. The four sentences imposed for each offense will remain unchanged, but the four sentences will be served concurrently instead of consecutively.

Section 2953.08(G)(2)(b) authorizes a reviewing court to modify or vacate a sentence that is contrary to law.

State v. Harris · filed 2011-03-29(G)(2)(b)

In fact, R.C. 2953.08(G)(2)(b) expressly authorizes a reviewing court to modify or vacate any sentence that is “contrary to law.” Clearly, no such authority could exist if an unlawful sentence rendered a judgment nonfinal and unappealable.

Section 2953.08(G)(2) permits an appellate court to remand for correction of a sentencing entry’s postrelease control terms.

State v. Maag · filed 2011-04-11(G)(2)

Therefore, based on the authority of R.C. 2953.08(G)(2) and State v. Fischer, we hereby remand this case to the trial court with instructions to modify the terminology in Maag’s November 8, 2001 Judgment Entry of Sentencing to state that his sentence includes five years of mandatory postrelease control.

Section 2953.08(G)(2)(b) permits an appellate court to modify a sentence that is clearly and convincingly contrary to law, including by deleting improperly imposed court costs.

State v. Dismukes · filed 2011-04-13(G)(2)(b)

Under the authority granted us by R.C. 2953.08(G)(2)(b), we modify Dismukes’ sentence to delete the imposition of court costs.