Ohio Rev. Code Ann. § 2953.08

Section 2953.08(G)(2) permits reversal of 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. Lucius · filed 2019-03-04(G)(2)

“Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence ‘only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.’ ” State v. Nienberg, 3d Dist. Putnam Nos. 12-16-15 and 12-16-16, 2017-Ohio-2920, ¶ 8, quoting State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.

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

State v. Schaper · filed 2019-03-04(G)(2)

As with all felony sentences, we review the trial court's sentencing decision under the standard of review set forth in R.C. 2953.08(G)(2). ... Pursuant to that statute, this court may modify or vacate a sentence only if, by clear and convincing evidence, "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law."

Section 2953.08(G)(2) permits review of whether a felony sentence is contrary to law; when reviewing consideration of R.C. 2929.11 and 2929.12, the record need only reflect that the sentencing court considered them, without specific findings.

State v. Ohio · filed 2019-03-07(G)(2)

In order for the sentence not to be “contrary to law,” as the term has been currently interpreted, the record only needs to reflect the trial court considered the sentencing principles and factors under R.C. 2929.11 and 2929.12. Neither the statutes nor the case law authority requires the trial court to make or place its findings regarding the seriousness or recidivism factors on the record. ... R.C. 2953.08 does not require more.

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

State v. Patterson · filed 2019-03-08(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, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 ¶ 1 citing R.C. 2953.08(G)(2). ... Therefore, his sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence when it clearly and convincingly finds that the record does not support the sentence.

State v. Shriver · filed 2019-03-11(G)(2)

Appellate courts “‘may vacate or modify any sentence that is not clearly and convincingly contrary to law’” only when the appellate court clearly and convincingly finds that the record does not support the sentence.

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

State v. Payne · filed 2019-03-13(G)(2)(a)

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

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

State v. Williams · filed 2019-03-14(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify a sentence, or vacate a sentence and remand for resentencing if we “clearly and convincingly find” that the record does not support the sentencing court’s statutory findings under certain statutes (not relevant in this case) or the sentence is contrary to law.

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

State v. Hicks · filed 2019-03-14(G)(2)(a)

Pursuant to R.C. 2953.08(G)(2)(a), 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 that “the record does not support the sentencing court’s findings” under R.C. 2929.14(C)(4).

Section 2953.08(G)(2) permits a reviewing court to overturn consecutive sentences only upon a clear and convincing finding that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Grayson · filed 2019-03-14(G)(2)

Felony sentences are reviewed under the standard provided in R.C. 2953.08(G)(2). ... A reviewing court may overturn the imposition of consecutive sentences only if it clearly and convincingly finds that either (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 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. Banks · filed 2019-03-21(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) permits an appellate court to vacate or modify a felony sentence only upon a clear and convincing finding that the sentence is contrary to law or that the record does not support specified sentencing findings.

State v. Saylor · filed 2019-03-22(G)(2)

The standard of review set forth in R.C. 2953.08(G)(2) applies to sentencing challenges. ... That standard permits us to vacate or modify a sentence only if we find, by clear and convincing evidence, that the sentence is contrary to law or that the record does not support the trial court’s findings under certain statutes (including the findings required for consecutive sentences).

Section 2953.08 permits an appellate court to vacate or modify a felony sentence only on clear and convincing evidence that it is unsupported by the record under the relevant statutory provisions or is otherwise contrary to law.

State v. Ervin · filed 2019-03-22(G)(2)

An appellate court may vacate or modify a felony sentence only if it determines by clear and convincing evidence that the sentence, under the relevant statutory provisions, is not supported by the record, or that the sentence is otherwise contrary to law. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.2d 1231, ¶ 1; see also R.C. 2953.08.

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

State v. McKinney · filed 2019-03-28(G)(2)

{¶50} Appellate review of felony sentences is governed by R.C. 2953.08, which provides that 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. R.C. 2953.08(G)(2).

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

State v. Smith · filed 2019-03-29(G)(2)

It is well-established that R.C. 2953.08(G)(2) governs appellate review of felony sentences in Ohio. An appellate court may increase, decrease, modify, or vacate and remand a disputed felony sentence in cases in which it is clearly and convincingly demonstrated that either the sentence was based upon applicable statutory findings not supported by the record or the sentence was otherwise contrary to law.

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

State v. Ford · filed 2019-04-01(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may modify or vacate a felony sentence only if the sentence is clearly and convincingly contrary to law or unsupported by the record.

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

State v. Magallanes · filed 2019-04-08(G)(2)

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

Section 2953.08(G)(2) permits reversal of 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. Beverly · filed 2019-04-08(G)(2)

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

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

State v. Eckert · filed 2019-04-08(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 modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is contrary to law.

State v. Cotterman · filed 2019-04-08(G)(2)

“The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * if it clearly and convincingly finds either * * * (a) [t]hat the record does not support the sentencing court’s findings under division * * * (B) or (D) of section 2929.13 * * * (b) [t]hat the sentence is otherwise contrary to law.” Id. ... Accordingly, we cannot clearly and convincingly find that the record does not support the trial court’s findings under R.C. 2929.13(B).

Section 2953.08(G)(2) permits modification or vacation of a felony sentence only upon a clear and convincing showing that it is contrary to law or unsupported by relevant findings in the record.

State v. Pippin · filed 2019-04-12(G)(2)

The review of felony sentences is governed under R.C. 2953.08(G)(2). A sentence will not be modified or vacated unless appellant demonstrates, by clear and convincing evidence, that the sentence is contrary to law or unsupported by relevant findings in the record.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence, or remand for resentencing, when the record does not clearly and convincingly support the sentencing findings or the sentence is otherwise contrary to law.

State v. Musacchio · filed 2019-04-15(G)(2)

R.C. 2953.08(G)(2) permits an appellate court to review the record and increase, reduce, or vacate the sentence, or remand the matter to the sentencing court for resentencing if it finds the record does not clearly and convincingly support the sentencing court’s findings or the sentence is otherwise contrary to law.

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

State v. Smith · filed 2019-04-18(G)(2)

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

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

State v. Moten · filed 2019-04-19(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 that 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 findings lack record support or that the sentence is contrary to law.

State v. Belcher · filed 2019-04-19(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. ... For this reason, we clearly and convincingly find that Belcher’s prison sentence is contrary to law and must be vacated.

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

State v. King · filed 2019-04-22(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may modify or vacate a felony sentence only when it finds the sentence is clearly and convincingly contrary to law or unsupported by the record.

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

State v. Tidmore · filed 2019-04-25(G)(2)(a)

Pursuant to R.C. 2953.08(G)(2)(a), 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 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 vacate or modify a felony sentence only when it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Blanton · filed 2019-04-25(G)(2)

Thus, under the plain language of R.C. 2953.08(G)(2), we may vacate or modify a felony sentence on appeal only if we determine by clear and convincing evidence that the record does not support the trial court’s findings under the relevant statutes — in this case, R.C. 2929.14(C)(4) — 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 when clear and convincing evidence shows that the record does not support it under the pertinent statutes or that it is contrary to law.

State v. Curtis · filed 2019-04-26(G)(2)

An appellate court may vacate or modify a sentence “only if it determines by clear and convincing evidence that the record, under the pertinent statutes, does not support the sentence, or the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1; see also R.C. 2953.08(G)(2).

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

State v. Wymer · filed 2019-04-26(G)(2)(b)

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

Section 2953.08(G)(2)(b) requires an appellate court to find clearly and convincingly that a felony sentence is contrary to law before granting relief on that ground.

State v. Taft · filed 2019-04-26(G)(2)(b)

In sum, we find that Taft has failed to show that the trial court did not comply with R.C. 2929.14(C)(4), that his sentence is clearly and convincingly contrary to law as required by R.C. 2953.08(G)(2)(b), or that his sentence is clearly and convincingly unsupported by the record.

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

State v. Britton · filed 2019-04-26(G)(2)(b)

R.C. 2953.08(G)(2) provides that an appellate court “may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * * if it clearly and convincingly finds: * * * (b) That the sentence is otherwise contrary to law.” ... Therefore, we hold that because the record establishes that the trial court considered the relevant sentencing factors under R.C. 2929.11 and 2929.12, appellant’s sentence is not clearly and convincingly contrary to law.

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

State v. Hayes · filed 2019-04-29(G)(2)

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

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

State v. Jackson · filed 2019-05-02(G)(2)

[W]e may disturb a felony sentence only 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.” R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1, 21-23. ... As a result, we find that Jackson’s sentence is not contrary to law.

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

State v. Hunt · filed 2019-05-02(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to 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. Moore · filed 2019-05-03(G)(2)

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

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

State v. Jackson · filed 2019-05-03(G)(2)

As provided by R.C. 2953.08(G)(2), on review of a felony sentence, a court “may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1.

Section 2953.08(G)(2) governs appellate review of felony community control violation penalties and permits modification or vacation of a sentence only upon a clear and convincing showing that the record does not support the required findings or that the sentence is contrary to law.

State v. Masters · filed 2019-05-06(G)(2)

We review a felony community control violation penalty, as we review all felony sentences, pursuant to R.C. 2953.08(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 an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support it or that it is contrary to law.

State v. McClanahan · filed 2019-05-10(G)(2)

Under R.C. 2953.08(G)(2), we may vacate or modify a sentence only if we determine by clear and convincing evidence that the record does not support the sentence or that it is otherwise contrary to law.

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

State v. Caserta · filed 2019-05-10(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to 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. Flanigan · filed 2019-05-03(G)(2)

Appellant fails to show by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that his sentence is otherwise contrary to law.

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

State v. Leffel · filed 2019-05-13(G)(2)

Finally, our review of sentencing issues is dictated by R.C. 2953.08(G)(2), which states: ... Accordingly, we do not clearly and convincingly find that her sentence is contrary to law or unsupported by the record.

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. Davis · filed 2019-05-17(G)(2)

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

State v. Magee · filed 2019-05-17(G)(2)

We review sentencing challenges under R.C. 2953.08(G)(2). The statute allows an appellate court to increase, reduce, or otherwise modify a sentence or vacate the sentence and remand the matter for resentencing only 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 an appellate court to modify or vacate a felony sentence when clear and convincing evidence shows that the sentence is contrary to law.

State v. Lawler · filed 2019-05-17(G)(2)

Pursuant to R.C. 2953.08(G)(2), we do not modify or vacate a sentence unless we find, by clear and convincing evidence: ... (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 if clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Rimmer · filed 2019-05-20(G)(2)

“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.”

Section 2953.08 limits when an appellate court may modify or vacate a felony sentence under a clear and convincing evidence standard.

State v. Jackson · filed 2019-05-24(G)(2)(a)

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

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

State v. Dotson · filed 2019-05-24(G)(2)

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

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

State v. Perkins · filed 2019-05-24(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: ... (b) That the sentence is otherwise contrary to law.

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

State v. Bridges · filed 2019-05-24(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court “may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * * if it clearly and convincingly finds: * * * (b) That the sentence is otherwise contrary to law.” ... Therefore, appellant’s arguments that the trial court abused its discretion in sentencing her to prison are without merit, and we hold that her sentence was not clearly and convincingly contrary to law.

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

State v. Smith · filed 2019-05-28(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 an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Snyder · filed 2019-05-28(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 either * * * (a) [t]hat the record does not support the sentencing court’s findings under division * * * (B) or (D) of section 2929.13 * * * [or] (b) [t]hat the sentence is otherwise contrary to law.” ... Snyder has failed to meet the burden to prove that the court did not balance the required factors or that it issued a sentence that was “strikingly inconsistent” with the statutory factors and did not demonstrate 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 if it clearly and convincingly finds the sentence contrary to law.

State v. Roof · filed 2019-05-31(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court “may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * * if it clearly and convincingly finds: * * * (b) That the sentence is otherwise contrary to law.” ... Thus, the record clearly reflects that the trial court considered the principles and purposes of sentencing under R.C. 2929.11 and the seriousness and recidivism factors under R.C. 2929.12, and we therefore cannot say that the sentence was clearly and convincingly contrary to law.

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

State v. Hope · filed 2019-06-03(G)(2)

Thus, we may only vacate or modify a felony sentence on appeal if we determine “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 a felony sentence and remand for resentencing when it clearly and convincingly finds the sentence contrary to law.

State v. Urban · filed 2019-06-04(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 the sentence is contrary to law.

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

State v. Afolabi · filed 2019-06-05(G)(2)

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

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

State v. Heidelberg · filed 2019-06-07(G)(2)(b)

R.C. 2953.08(G)(2) 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 if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law.

Under § 2953.08(G)(2), a felony sentence that complies with applicable sentencing requirements is not clearly and convincingly contrary to law.

State v. Cooks · filed 2019-06-07(G)(2)

We find that the trial court complied with all applicable sentencing requirements when it sentenced him to prison and that Cooks’s sentence is not clearly and convincingly contrary to law under R.C. 2953.08(G)(2).

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

State v. Neal · filed 2019-06-10(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may modify or vacate a sentence only if it clearly and convincingly finds the record does not support the trial court's findings under relevant statutes or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only if it 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 contrary to law.

State v. Mincy · filed 2019-06-10(G)(2)

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

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

State v. Robinson · filed 2019-06-13(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 either that 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 change or vacate a felony sentence when it clearly and convincingly finds specified sentencing findings unsupported by the record or the sentence otherwise contrary to law.

State v. Maurer · filed 2019-06-13(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) limits when an appellate court may modify or vacate a felony sentence and requires clear and convincing support for doing so.

State v. Parks · filed 2019-06-14(G)(2)

Based upon the record in this case, we do not find clear and convincing evidence that the record does not support the trial court’s decision to sentence Parks to 12 months in prison. Therefore, we may not vacate or modify the sentence.

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

State v. Duncan · filed 2019-06-20(G)(2)

Pursuant to R.C. 2953.08(G)(2), a reviewing court may increase, reduce, or otherwise modify a felony sentence if it clearly and convincingly finds that either (a) the record does not support certain required statutory findings or, (b) 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 the record does not support the required findings or that the sentence is otherwise contrary to law.

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

We review felony sentences under the standard of review set forth in R.C. 2953.08(G)(2), which provides that an appellate court may increase, reduce, modify, or vacate a felony sentence if it clearly and convincingly finds that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.

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

State v. Fair · filed 2019-06-24(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 finding under relevant statutes or that the sentence is otherwise contrary to law.”

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

State v. Blevins · filed 2019-06-26(G)(2)

Consequently, “an appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing evidence that the record does not support the sentence.”

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

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

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

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

State v. Hutchinson · filed 2019-07-08(G)(2)

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

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

State v. Cooper · filed 2019-07-10(G)(2)(a)

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

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

State v. Whitaker · filed 2019-07-11(G)(2)

The court’s apparent misunderstanding of the record rebuts the presumption as guided by R.C. 2953.08(G)(2) that the trial court properly considered the statutory sentencing factors. Therefore, we are constrained to find by clear and convincing evidence that the record does not support the sentence and reverse the sentence and remand the matter for resentencing.

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. McConnell · filed 2019-07-12(G)(2)

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

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

State v. Luce · filed 2019-07-15(G)(2)

R.C. 2953.08(G)(2) states 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 modify or vacate a felony sentence only if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

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

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

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

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

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

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

State v. Williams · filed 2019-07-26(G)(2)

Under R.C. 2953.08(G)(2), this court will not modify or vacate a sentence unless we find, by clear and convincing evidence: ... (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 if it clearly and convincingly finds that the record does not support mandatory findings or that the sentence is otherwise contrary to law.

State v. Kernall · filed 2019-07-31(G)(2)

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

State v. Ward · filed 2019-08-02(G)(2)

An appellate court may modify or vacate a felony sentence “only if it ‘clearly and convincingly finds’ that the record does not support the mandatory sentencing findings, if any, or that the sentence is ‘otherwise contrary to law.’ ” State v. Brown, 1st Dist. Hamilton Nos. C-170713 and C-170714, 2019- Ohio-1455, ¶ 10, citing R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 ¶ 1, 23; State v. White, 2013-Ohio-4225, 997 N.E.2d 629, ¶ 11 (1st Dist.).

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

State v. Johnston · filed 2019-08-02(G)(2)

Under R.C. 2953.08(G)(2), this court will not modify or vacate a sentence unless we find, 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 (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) allows an appellate court to modify or vacate a felony sentence only when it clearly and convincingly finds the sentence contrary to law or unsupported by the record.

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

Pursuant to R.C. 2953.08(G)(2), an appellate court may modify or vacate a felony sentence only if the appellate court "clearly and convincingly finds that the sentence is (1) contrary to law and/or (2) unsupported by the record."

Section 2953.08(G)(2) requires an appellate court reviewing consecutive sentences to examine the record, including the sentencing court’s findings, rather than apply an abuse-of-discretion standard.

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

R.C. 2953.08(G)(2) provides that our review of consecutive sentences is not for an abuse of discretion. Instead, 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) limits review of a felony sentence imposing costs, sanctions, and fines to whether the sentence is contrary to law.

State v. Lanier · filed 2019-08-09(G)(2)

The review of the trial court’s felony sentence imposing costs, sanctions, and fines is limited by R.C. 2953.08(G)(2) to whether the court’s imposition of the sentence is contrary to law.

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

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

Since Marcum, this court has held that an appellate court may modify or vacate a felony sentence “only if it ‘clearly and convincingly finds’ that the record does not support the mandatory sentencing findings, if any, or 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 the record does not support applicable statutory findings or that the sentence is otherwise contrary to law.

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

R.C. 2953.08(G)(2) directs that an appellate court may reduce, modify, or vacate and remand a disputed felony sentence if it clearly and convincingly finds either that the record of evidence does not support applicable 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 only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is contrary to law.

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

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

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

State v. Taylor · filed 2019-08-22(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 either that the record does not support certain specified findings or the sentence is otherwise “contrary to law.”

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

State v. Crookshanks · filed 2019-08-26(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 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.” ... Accordingly, we clearly and convincingly find that the record supports the sentence, and that the sentence is not contrary to law.

Section 2953.08(G) permits an appellate court to change or vacate a disputed 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. Temple · filed 2019-08-30(G)

R.C. 2953.08(G) 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) allows an appellate court to vacate a felony sentence and remand for resentencing when it clearly and convincingly finds that the sentence is contrary to law.

State v. Diehl · filed 2019-08-30(G)(2)

The appellate standard of review for felony sentences is set forth in R.C. 2953.08(G)(2), which provides that the appellate court may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the trial court’s findings under R.C. 2929.14(C)(4) 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 specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Petrovich · filed 2019-09-03(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 either * * * (a) [t]hat the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13 * * * [or] (b) [t]hat the sentence is otherwise contrary to law.” Id.

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

State v. Hair · filed 2019-09-05(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may vacate or modify the imposition of consecutive sentences if the court determines by clear and convincing evidence that the record does not support the trial court’s findings under R.C. 2929.14(C)(4) 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 clear and convincing evidence shows that it is contrary to law or that the record does not support mandatory sentencing findings.

State v. MacDonald · filed 2019-09-06(G)(2)

An appellate court can only modify or vacate a felony sentence if it finds by clear and convincing evidence that the sentence is contrary to law, or that the record does not support the sentencing court’s mandatory findings.

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

State v. Durbin · filed 2019-09-13(G)(2)(b)

As pertinent here, the statute allows an appellate court to increase, reduce, or otherwise modify a sentence or vacate the sentence and remand the matter for resentencing only if it clearly and convincingly finds “[t]hat the sentence is otherwise contrary to law.”

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

State v. Hope · filed 2019-09-16(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may modify or vacate a felony sentence only if the appellate court "clearly and convincingly finds that the sentence is (1) contrary to law and/or (2) unsupported by the record." State v. McGowan, 147 Ohio St.3d 166, 2016-Ohio-2971, ¶ 1.

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

State v. Franklin · filed 2019-09-19(G)(2)

Where the trial court made the requisite consecutive sentencing findings, R.C. 2953.08(G)(2) requires this court to affirm an order of consecutive service unless we “clearly and convincingly” find that the record does not support the court’s findings in support of consecutive sentences.

Section 2953.08(G)(2) governs appellate review of felony sentences and permits modification or remand when the appellate court clearly and convincingly finds that the record does not support specified consecutive-sentence findings or that the sentence is otherwise contrary to law.

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

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

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

State v. Gaskins · filed 2019-09-23(G)(2)

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

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

State v. Bittner · filed 2019-09-23(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only when clear and convincing evidence shows that the record does not support the sentencing court’s decision.

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

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

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

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

Pursuant to R.C. 2953.08(G)(2), an appellate court may modify or vacate a sentence only if there is clear and convincing evidence that the record does not support a trial court's findings, or the sentence is otherwise contrary to law.

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

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

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

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

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

“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 either * * * (a) [t]hat the record does not support the sentencing court’s findings under division * * * (B) or (D) of section 2929.13 * * * [or] (b) [t]hat the sentence is otherwise contrary to law.” Id. ... Hall does not point to anything in the record showing the court ignored these factors and his sentence was within the statutory range.

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

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

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” if it “clearly and convincingly finds” either that the record does not support the sentencing court’s findings or that the sentence is “otherwise contrary to law.”

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

State v. Pope · filed 2019-10-04(G)(2)

Under the statute’s plain language, an appellate court “may vacate 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 the sentence is otherwise contrary to law.”

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

State v. Evilsizor · filed 2019-10-04(G)(2)

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

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

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

Because the penalty is a new felony sentence, we review the sentence pursuant to R.C. 2953.08(G)(2).

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

State v. Meeks · filed 2019-10-07(G)(2)

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

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

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

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

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

State v. Roberts · filed 2019-10-14(G)(2)

We review the trial court's sentencing decision for a community control violation under the standard set forth by R.C. 2953.08(G)(2). ... Pursuant to that statute, this court may modify or vacate a sentence only if, by clear and convincing evidence, "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law."

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

State v. Dinka · filed 2019-10-14(G)(2)

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

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

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

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

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

State v. Adams · filed 2019-10-17(G)(2)

Pursuant to R.C. 2953.08(G)(2), a reviewing court may increase, reduce, or otherwise modify a felony sentence if it clearly and convincingly finds that either (a) the record does not support certain required statutory findings, or (b) the sentence is otherwise contrary to law. ... Because Adams’s sentence is within the statutory range and we do not clearly and convincingly find that the record does not support the relevant findings, we 0verrule the sole assignment of error and affirm Adams’s sentence.

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

State v. Hill · filed 2019-10-25(G)(2)

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

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

State v. Shazier · filed 2019-10-28(G)(2)

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

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

State v. Kleman · filed 2019-10-28(G)(2)

“Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence ‘only if it determines by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.’” ... After examining the evidence, we cannot conclude that there is clear and convincing evidence that indicates that the imposition of consecutive sentences is unsupported by the record.

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

State v. Thompson · filed 2019-11-01(G)(2)

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

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

State v. Cyrek · filed 2019-11-04(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to modify 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. Garey · filed 2019-11-04(G)(2)

Under R.C. 2953.08(G)(2), appellate courts may vacate, increase, reduce, or modify a sentence if it “clearly and convincingly finds” (1) that the record does not support the findings made by the trial court under R.C. 2929.13, R.C. 2929.14, or R.C. 2929.20; or (2) that the sentence is “otherwise contrary to law.” ... Thus, we conclude that this sentence is not clearly and convincingly 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 contrary to law.

State v. Cedeno-Guerrero · filed 2019-11-07(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) allows an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.

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

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

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

State v. Squires · filed 2019-11-14(G)(2)

However, the imposition of consecutive sentences is contrary to law under R.C. 2953.08(G)(2) where the appellate court clearly and convincingly finds that “the record does not support the trial court’s findings under R.C. 2929.14(C)(4).” Morris, 8th Dist. Cuyahoga No. 104013, 2016-Ohio-7614, 73 N.E.3d 1010, at ¶ 24. Thus, we vacate the sentence on that basis.

Section 2953.08(G)(2) allows an appellate court to find a felony sentence erroneous 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. Johnson · filed 2019-11-14(G)(2)

R.C. 2953.08(G)(2) provides, in part, that when reviewing felony sentences, the appellate court’s standard is not whether the sentencing court abused its discretion; rather, if this court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under” R.C. Chapter 2929 or (2) “the sentence is otherwise contrary to law,” then we may conclude that the court erred in sentencing.

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

State v. Wickham · filed 2019-11-26(G)(2)

R.C. 2953.08(G)(2) states 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 change or vacate a felony sentence only when it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

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

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

Section 2953.08(G)(2) allows an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that the record does not support applicable statutory findings or that the sentence is contrary to law; abuse of discretion is not the review standard.

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

It is well-established that appellate court felony sentence review is not done by the abuse of discretion standard. Rather, pursuant to R.C. 2953.08(G)(2), an appellate court may increase, decrease, modify, or vacate and remand a disputed felony sentence if it clearly and convincingly finds that either the record of evidence does not support applicable statutory findings, or the sentence is otherwise contrary to law.

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

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

Pursuant to that statute, an appellate court may "vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law." State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.

Section 2953.08(G)(2) allows an appellate court to modify a felony sentence when the defendant shows by clear and convincing evidence that it is contrary to law or unsupported by the record.

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

If the defendant establishes by clear and convincing evidence that his or her sentence is “(1) contrary to law and/or (2) unsupported by the record,” an appellate court has the authority, pursuant to R.C. 2953.08(G)(2), “to increase, reduce, or otherwise modify a sentence * * *.”

Section 2953.08(G)(2) governs appellate review of sentencing challenges; a sentence is not clearly and convincingly contrary to law when the trial court considered the required sentencing factors, properly applied postrelease control, and imposed a sentence within the statutory range.

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

We review sentencing challenges under R.C. 2953.08(G)(2). ... A sentence is not clearly and convincingly contrary to law where the trial court has considered the purposes and principles of sentencing under R.C. 2929.11 and the seriousness and recidivism factors under R.C. 2929.12, properly applied postrelease control, and imposed a sentence within the statutory range.

Section 2953.08(G)(2) allows reversal for a vindictive sentence only when the appellate court clearly and convincingly finds that actual vindictiveness made the sentence contrary to law.

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

“We will reverse the sentence only if we clearly and convincingly find the sentence is contrary to law because it was imposed as a result of actual vindictiveness on the part of the trial court.”

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

State v. Irwin-Debraux · filed 2019-12-06(G)(2)

On review of a felony sentence, an appellate court may vacate or modify the sentence “only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under the relevant statutes,” or that the sentence “is otherwise contrary to law.”1 See State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.2d 1231, ¶ 1; see also R.C. 2953.08(G)(2).

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

State v. Sampuran · filed 2019-12-13(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.” Marcum at ¶ 1.

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

State v. Green · filed 2019-12-16(G)(2)

We review the imposed sentence under the standard of review set forth in R.C. 2953.08(G)(2), which governs all felony sentences. ... An appellate court may modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law."

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

State v. Gazaway · filed 2019-12-16(G)(2)

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

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

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

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

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

State v. Wrasman · filed 2019-12-23(G)(2)

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

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

State v. Mondie · filed 2019-12-26(G)(2)

“[W]e may disturb a felony sentence only 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.’ R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1, 21-23.”

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

State v. Goetz · filed 2019-12-31(G)(2)

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

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

State v. Cole · filed 2019-12-31(G)(2)(b)

We review a challenge to a felony sentence under R.C. 2953.08(G)(2). R.C. 2953.08(G)(2) 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 if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires appellate review of the sentencing record, with an unpreserved sentencing challenge reviewed only for plain error.

State v. Cleavenger · filed 2020-01-13(G)(2)

“The court hearing an appeal [of a felony sentence] shall review the record, including the findings underlying the sentence or modification given by the sentencing court.” R.C. 2953.08(G)(2). ... However, since Cleavenger failed to object to her sentence, “our review is limited to consideration of whether the trial court committed plain error.” State v. Snyder, 11th Dist. Ashtabula Nos. 2017-A-0041, et al., 2018-Ohio-2826, ¶ 12.

Section 2953.08(G)(2)(b) allows a defendant to challenge consecutive sentences as contrary to law when the trial court fails to make the required statutory findings.

State v. Philpot · filed 2020-01-16(G)(2)(b)

First, the defendant can argue that consecutive sentences are contrary to law because the trial court failed to make the findings required by R.C. 2929.14(C)(4). See R.C. 2953.08(G)(2)(b). ... We agree with Philpot that the trial court’s imposition of consecutive sentences in CR-14-590162 and CR-17-621326 is contrary to law.

Section 2953.08(G)(2) limits appellate review of consecutive-sentence findings to whether the record clearly and convincingly fails to support them.

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

When the trial court properly sets forth the statutory requirements that allow for imposition of consecutive sentences, our review is limited to whether any of the findings made by the court are clearly and convincingly not supported by the record.

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

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

R.C. 2953.08(G)(2)(b) provides that an appellate court may increase, reduce, modify, or vacate and remand a disputed sentence if it clearly and convincingly finds “[t]hat the sentence is otherwise contrary to law.” ... Therefore, we cannot say that appellant’s sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) allows an appellate court to change 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. McCall · filed 2020-01-30(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 vacate or modify a felony sentence on clear and convincing evidence that the sentence is contrary to law or unsupported by the record.

State v. Smith · filed 2020-01-31(G)(2)

An appellate court may vacate or modify a felony sentence if it determines by clear and convincing evidence that the sentence is contrary to law or the record does not support the sentence.

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

State v. Shell · filed 2020-01-31(G)(2)

We further find that the trial court complied with all applicable sentencing requirements when it sentenced Shell to jail and that his sentence is not clearly and convincingly contrary to law under R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to change a consecutive sentence only 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. Gessel · filed 2020-02-07(G)(2)

We may increase, modify, or vacate and remand a trial court’s imposition of consecutive sentences only if we clearly and convincingly find that: (1) “the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14, * * *” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) governs appellate review of whether the record supports the findings for consecutive sentences.

State v. Edwards · filed 2019-12-05(G)(2)

After review of the above, including Edwards’s criminal history, which included prior convictions for gross sexual imposition and failure to comply with his registration requirements, and the fact that he violated a position of trust to commit the crimes against the victims, we find that the record clearly and convincingly supports the trial court’s findings and imposition of consecutive sentences per R.C. 2953.08(G)(2).

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

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

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

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence for lack of record support only if it clearly and convincingly finds that support lacking.

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

Pursuant to R.C. 2953.08(G)(2) and State v. Marcum, 146 Ohio St.3d 516, we cannot vacate or modify Burton’s sentence unless we clearly and convincingly find that the record does not support his sentence.

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

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

We review the imposed sentence under the standard of review set forth in R.C. 2953.08(G)(2), which governs all felony sentences. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 ¶ 1. An appellate court may modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that “the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.”