Ohio Rev. Code Ann. § 2953.08

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08(G)(1)(a) and (d) permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that the sentence is unsupported by the record or contrary to law.

State v. Garcia · filed 1998-03-02(G)(1)(a) and (d)

Pursuant to R.C. 2953.08(G)(1)(a) and (d), an appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

Law changed since Sub. H.B. 331 (Oct. 10, 2000) replaced broad record-support and procedure grounds for modifying a sentence; § 2953.08(G)(2) now limits record-support review to specified findings or a sentence otherwise contrary to law.

Section 2953.08(G)(1)(a) permits an appellate court to modify a sentence if clear and convincing evidence shows that the record does not support it.

State v. Avery · filed 1998-04-14(G)(1)(a)

On appeal, this court is granted the authority under R.C. 2953.08(G)(1)(a) to increase, reduce, or otherwise modify a sentence if we find by clear and convincing evidence that the record does not support the sentence imposed.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support it.

State v. Frymier, Unpublished Decision (8-18-1998) · filed 1998-08-18(G)(1)

R.C. 2953.08 governs grounds for appeal of a sentence for a felony. Subsection (G)(1) sets the standard for appellate review and states in pertinent part: ... We find no evidence let alone clear and convincing evidence that supports any sentence other than the one imposed.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08(G)(1)(a) and (d) allows an appellate court to disturb a Senate Bill 2 sentence only upon clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Donnelly, Unpublished Decision (12-30-1998) · filed 1998-12-30(G)(1)(a) and (d)

We initially note that "an appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law." State v. Garcia (Mar. 2, 1998), Clermont App. No. CA97-04-042, unreported, at 2, citing R.C. 2953.08 (G)(1)(a) and (d).

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that it lacks record support or is contrary to law.

State v. Dennison, Unpublished Decision (2-8-1999) · filed 1999-02-08(G)(1)

Pursuant to R.C. 2953.08 (G)(1), an appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1)(b)–(c) procedure grounds with mandatory remand for specified omitted findings under (G)(1) and the narrower modification standard in (G)(2).

Section 2953.08(G)(1)(b) permits an appellate court to modify, vacate, or remand a fourth-degree felony prison sentence when it finds by clear and convincing evidence that the trial court omitted a required finding and that the sentencing procedure or its outcome was deficient.

State v. Hedrick, Unpublished Decision (2-9-1999) · filed 1999-02-09(G)(1)(b)

When a defendant has been sentenced to a prison term for a fourth degree felony, R.C. 2953.08 (G)(1)(b) provides that the court hearing a sentencing appeal may modify, vacate, or remand a sentence to the trial court upon concluding, by clear and convincing evidence, that the trial court did not make a finding under R.C. 2929.13 (B)(1). We must also find that either (1) the procedures for imposing a prison term under R.C. 2929.13 (B) were not followed, or (2) the appropriate procedures were followed, but the outcome lacked a sufficient basis.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08(G)(1)(a) permits an appellate court to vacate a sentence and remand for resentencing if it clearly and convincingly finds that the record does not support the sentence.

State v. Stone, Unpublished Decision (2-26-1999) · filed 1999-02-26(G)(1)(a)

If a defendant appeals his sentence, an appeals court "may increase, reduce, or otherwise modify * * * or may vacate the sentence and remand the matter to the trial court for resentencing if the court clearly and convincingly finds * * * [t]hat the record does not support the sentence."

Law changed since Sub. H.B. 331 (Oct. 10, 2000) replaced broad record-support and procedure grounds for modifying a sentence; § 2953.08(G)(2) now limits record-support review to specified findings or a sentence otherwise contrary to law.

Section 2953.08(G)(1)(a) authorizes an appellate court to modify a sentence when clear and convincing evidence shows that the record does not support it.

State v. Gray, Unpublished Decision (3-4-1999) · filed 1999-03-04(G)(1)(a)

We have authority under R.C. 2953.08 (G)(1)(a) to increase, reduce, or otherwise modify a sentence if we find by clear and convincing evidence that the record does not support the sentence imposed. ... Given these unique circumstances, we have no choice but to vacate the sentence and remand for resentencing.

Law changed since Same change as noted above.

Section 2953.08(G)(1)(a) permits an appellate court to modify or vacate a sentence if it clearly and convincingly finds that the record does not support it.

State v. Beasley, Unpublished Decision (3-26-1999) · filed 1999-03-26(G)(1)(a)

If a defendant appeals the sentence, an appeals court "may increase, reduce, or otherwise modify * * * or may vacate the sentence and remand the matter to the trial court for resentencing if the court clearly and convincingly finds * * * [t]hat the record does not support the sentence." ... But here, after reviewing the record, we must affirm the court's findings: we can not clearly and convincingly find that the record does not support the sentence.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that it lacks record support or is contrary to law.

State v. Fraley, Unpublished Decision (4-5-1999) · filed 1999-04-05(G)(1)

Pursuant to R.C. 2953.08 (G)(1), an appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify or vacate a sentence only upon a clear and convincing showing that it lacks record support, is contrary to law, or was imposed without the required statutory procedures.

State v. Persons, Unpublished Decision (4-26-1999) · filed 1999-04-26(G)(1)

Moreover, appellate courts are now precluded from modifying or vacating a sentence unless it is "clearly and convincingly" shown that the sentence is not supported by the record, is contrary to law or that the trial court failed to follow the proper statutory procedures for imposing such sentence. See R.C. 2953.08 (G)(1). We conclude in this case that the sentence imposed by the trial court is amply supported by the record and is not contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to vacate or modify a sentence only if it clearly and convincingly finds a statutory ground, including that the record does not support the sentence or that the sentence is contrary to law.

State v. Ali, Unpublished Decision (4-28-1999) · filed 1999-04-28(G)(1)

We may vacate or modify a sentence only if we clearly and convincingly find that one of four conditions exists. R.C. 2953.08 (G)(1). The two conditions that would apply in the case at bar are whether the record supports the sentence, R.C. 2953.08 (G)(1)(a), or whether the sentence is contrary to law, R.C. 2953.08 (G)(1)(d). We find that the sentences imposed by the trial court are supported by the record and are not contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify a felony sentence when it clearly and convincingly finds the sentence unsupported by the record or contrary to law.

State v. Carney, Unpublished Decision (5-12-1999) · filed 1999-05-12(G)(1)

The appellate court may modify the sentence upon clearly and convincingly finding any of the following: (1) the sentence is not supported by the record; ... or (4) the sentence imposed was contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify or vacate a sentence in these circumstances only if it clearly and convincingly finds that the sentence lacks record support or is otherwise contrary to law.

State v. Hamilton, Unpublished Decision (5-14-1999) · filed 1999-05-14(G)(1)

Under the circumstances of this case and R.C. 2953.08 (G), then, we may increase, reduce, or otherwise modify Hamilton's sentence, or may vacate and remand the matter for resentencing only if we clearly and convincingly find that the sentence either is unsupported by the record or is otherwise contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1)(a) and (d) permits an appellate court to alter a Senate Bill 2 sentence upon clear and convincing evidence that it lacks record support or is contrary to law.

State v. Mitchell, Unpublished Decision (11-16-1998) · filed 1998-11-16(G)(1)(a) and (d)

Pursuant to R.C. 2953.08 (G)(1)(a) and (d), an appellate court may alter a sentence imposed under Senate Bill 2 when it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. ... Therefore, appellant's sentence is supported by the record and is not contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G) permits an appellate court to disturb a sentence imposed under Senate Bill No. 2 only if clear and convincing evidence shows that the sentence lacks record support or is contrary to law.

State v. Mirmohamed · filed 1998-12-03(G)

Pursuant to R.C. 2953.08(G), an appellate court may not disturb a sentence imposed under Senate Bill No. 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to reverse or modify a sentence only if it clearly and convincingly finds that the sentence is unsupported by the record, unauthorized by statute, or contrary to law.

State v. Goucher., Unpublished Decision (12-16-1998) · filed 1998-12-16(G)(1)

Further, an appellate court may not reverse or otherwise modify a sentence unless it "clearly and convincingly finds" that the sentence is unsupported by the record, not authorized by statute or is otherwise contrary to law.

Law changed since Same change as noted above.

Section 2953.08 requires clear and convincing evidence that a sentence is unsupported by the record or contrary to law before an appellate court may reverse it.

State v. Vanover, Unpublished Decision (5-16-1999) · filed 1999-05-16(G)(1)(a), (d)

We will not reverse a sentence unless we find, by clear and convincing evidence, that the sentence is either unsupported by the record or contrary to law. See R.C. 2953.08 (G)(1)(a) and (d).

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to reverse a sentence when clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Lenegar, Unpublished Decision (2-3-1999) · filed 1999-02-03(G)(1)(a) and (d)

An appellate court will not reverse a sentence unless the court finds, by clear and convincing evidence, that the sentence is unsupported by the record or contrary to law. See R.C. 2953.08 (G)(1)(a) and (d).

Law changed since Same change as noted above.

Section 2953.08(G)(1)(a) and (d) limits appellate modification of a sentence to cases where the court clearly and convincingly finds the trial court’s decision unsupported by the record or contrary to law.

State v. Reynolds, Unpublished Decision (2-16-1999) · filed 1999-02-16(G)(1)(a) and (d)

Under the sentencing procedures effective as part of Senate Bill 2, this court cannot modify appellee's sentence unless we conclude the trial court's decision is clearly and convincingly unsupported by the record and/or contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify an appealed sentence when it clearly and convincingly finds that the sentence is unsupported by the record.

State v. Hill, Unpublished Decision (2-19-1999) · filed 1999-02-19(G)(1)

R.C. 2953.08 (G)(1) provides that this court may "increase, reduce, or otherwise modify a sentence that is appealed[.]" We have clearly and convincingly found that Hill's additional sentence is not supported by the record. Accordingly, we order that the sentence on count one be modified to a term of ten years, which is the basic maximum sentence for this offense.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1)(b)–(c) procedure grounds with mandatory remand for specified omitted findings under (G)(1) and the narrower modification standard in (G)(2).

Section 2953.08(G)(1)(b) permits an appellate court to modify, vacate, or remand a sentence under a clear and convincing standard when the trial court omitted a finding under section 2929.13(B)(1) and the sentencing procedure was defective or lacked a sufficient basis.

State v. Ames, Unpublished Decision (4-23-1999) · filed 1999-04-23(G)(1)(b)

We first note that pursuant to R.C. 2953.08 (G)(1)(b), an appellate court may modify, vacate, or remand a sentence to the trial court when it finds by clear and convincing that the trial court did not make a finding under R.C. 2929.13 (B)(1) and either (1) the procedures for imposing a prison term under R.C. 2929.13 (B) were not followed, or (2) the appropriate procedures were followed, but the outcome lacked a sufficient basis.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08 requires clear and convincing evidence that a felony sentence is unsupported by the record or contrary to law before an appellate court may modify or reduce it.

State v. Volgares, Unpublished Decision (5-17-1999) · filed 1999-05-17(G)(a) and (d)

In order to modify or reduce a sentence, a reviewing court must find by clear and convincing evidence that the sentence is either unsupported by the record or, alternatively, contrary to law. R.C. 2953.08 (G)(a) and (d).

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1)(b)–(c) procedure grounds with mandatory remand for specified omitted findings under (G)(1) and the narrower modification standard in (G)(2).

Section 2953.08(G)(1)(b) permits an appellate court to modify a prison sentence when clear and convincing evidence establishes the specified defects in the sentencing findings or procedures.

State v. Barrera, Unpublished Decision (7-16-1999) · filed 1999-07-16(G)(1)(b)

The reviewing court may increase, reduce or otherwise modify a sentence where it is established by clear and convincing evidence that: "the court did not specify in the finding it makes at sentencing that it found one or more of the factors specified in division (B)(1)(a) to (i) of section 2929.13 of the Revised Code to apply relative to the defendant who brought the appeal, and either that the procedures set forth in division (B) of section 2929.13 of the Revised Code for determining whether to impose a prison term for such an offense were not followed or that those procedures were followed but there is an insufficient basis for imposing a prison term for the offense; * * *." R.C. 2953.08 (G)(1)(b). ... Upon review of the record we find that clear and convincing evidence existed to support the trial court's finding.

Law changed since Sub. H.B. 331 (Oct. 10, 2000) replaced broad record-support and procedure grounds for modifying a sentence; § 2953.08(G)(2) now limits record-support review to specified findings or a sentence otherwise contrary to law.

Section 2953.08(G)(1)(a) allows an appellate court to modify a sentence when it clearly and convincingly finds that the record does not support it.

State v. Young, Unpublished Decision (8-27-1999) · filed 1999-08-27(G)(1)(a)

R.C. 2953.08 (G)(1)(a) allows this court to increase, reduce, or otherwise modify a sentence where we clearly and convincing find that the record does not support the sentence. Based on our review of the record, we clearly and convincingly find that the record does not support the imposition of consecutive prison terms, and therefore we sustain the assignment of error as it relates to the consecutive terms and modify the sentence so that the terms are served concurrently.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08(G)(1)(a) and (d) permits an appellate court to reverse a felony sentence only upon clear and convincing evidence that the sentence lacks record support or is contrary to law.

State v. Sherman, Unpublished Decision (5-20-1999) · filed 1999-05-20(G)(1)(a) and (d)

Pursuant to R.C. 2953.08 (G)(1)(a) and (d), an appellate court may only reverse a sentence imposed under Senate Bill 2 if it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Cole, Unpublished Decision (7-19-1999) · filed 1999-07-19(G)(1)

We begin by noting that pursuant to R.C. 2953.08 (G)(1), an appellate court may not disturb a sentence imposed unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G) allows an appellate court to reverse or modify a sentence only if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Hawkins, Unpublished Decision (8-19-1999) · filed 1999-08-19(G)

In analyzing this assignment, we note that an appellate court can only reverse or modify a sentence if the appellate court clearly and convincingly finds that the record does not support the sentence, or that the sentence is contrary to law. R.C. 2953.08 (G).

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that it lacks record support or is contrary to law.

State v. Quinn · filed 1999-08-30(G)(1)

An appellate court may not disturb a sentence imposed under Am.S.B. No. 2, 146 Ohio Laws, Part IV, 7136, unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08(G)(1).

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Quinn, Unpublished Decision (8-30-1999) · filed 1999-08-30(G)(1)

An appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(1).

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only on clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Thomas, Unpublished Decision (8-30-1999) · filed 1999-08-30(G)(1)

An appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(1).

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to disturb a felony sentence only upon clear and convincing evidence that it lacks record support or is contrary to law.

State v. Brinker, Unpublished Decision (9-7-1999) · filed 1999-09-07(G)(1)

An appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(1).

Law changed since Same change as noted above.

Section 2953.08 permits an appellate court to reverse a felony sentence on clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Riggs, Unpublished Decision (9-13-1999) · filed 1999-09-13(G)(1)(a) and (d)

Accordingly, an appellate court may reverse a sentence if it finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law. R.C. 2953.08 (G)(1)(a) and (d).

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify or vacate a sentence when it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Butts, Unpublished Decision (9-30-1999) · filed 1999-09-30(G)(1)

As a preliminary matter, we note we no longer review sentencing under an abuse of discretion standard. After 1995 Senate Bill 2, an appellate court's review of an appeal from a sentence was modified. R.C. 2953.08 provides, in pertinent part: (G)(1) The court hearing an appeal of a sentence * * * 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 trial court for re-sentencing if the court clearly and convincingly finds any of the following: (a) That the record does not support the sentence; * * * (d) That the sentence is otherwise contrary to law. Accordingly, we review the sentence under the new guidelines.

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to disturb a Senate Bill 2 sentence only on clear and convincing evidence that it lacks record support or is contrary to law or statute.

State v. Dunville, Unpublished Decision (10-11-1999) · filed 1999-10-11(G)(1)

Pursuant to R.C. 2953.08 (G)(1), an appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law or statute.

Law changed since Same change as noted above.

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

State v. Miller, Unpublished Decision (10-29-1999) · filed 1999-10-29

Pursuant to R.C. 2953.08 , this court upon hearing an appeal of the sentence may modify a sentence appealed from only if we clearly and convincingly find the record does not support the sentence or the sentence is contrary to law.

Law changed since Same change as noted above.

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

State v. Brice, Unpublished Decision (6-9-1999) · filed 1999-06-09(G)(1)

The appellate court may modify the sentence upon clearly and convincingly finding that the sentence is not supported by the record, or the sentence imposed was contrary to law. See R.C. 2953.08 (G)(1)(a) and (d). In applying this standard of review, we neither substitute our judgment for that of the trial court nor defer to the trial court's discretion to the extent we did in the past.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify or vacate a sentence if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Blake, Unpublished Decision (6-11-1999) · filed 1999-06-11(G)(1)

Regarding sentencing review, R.C. 2953.08 (G)(1) provides in pertinent part that: [t]he court hearing an appeal of a sentence * * * 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 trial court for resentencing if the court clearly and convincingly finds any of the following: (a) That the record does not support the sentence; * * * (d) That the sentence is otherwise contrary to law. ... After considering the record, we find that the sentencing decision is supported by the record and is not contrary to law.

Law changed since Same change as noted above.

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

State v. Arnold, Unpublished Decision (6-11-1999) · filed 1999-06-11(G)

Pursuant to R.C. 2953.08 (G), this court may either vacate the sentence and remand the matter for resentencing or otherwise modify the sentence if we clearly and convincingly find any of the following relevant criteria: "(a) That the record does not support the sentence "* * * "* * * "(d) That the sentence is otherwise contrary to law." ... In our view, the record clearly and convincingly supports the maximum sentence of five years imposed by the trial court.

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to vacate and remand a felony sentence if it clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.

State v. Bonanno, Unpublished Decision (6-24-1999) · filed 1999-06-24(G)(1)

R.C. 2953.08 (G)(1) allows a reviewing court to vacate a sentence and remand it to the trial court for resentencing if the appellate court finds, clearly and convincingly, that: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law." For the following reasons, we find merit to Appellant's argument due to the fact that the record does not support consecutive sentences or, in the alternative, that consecutive sentences in this case are otherwise contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows reversal of a felony sentence only upon clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Goff, Unpublished Decision (6-30-1999) · filed 1999-06-30(G)(1)

An appellate court may not reverse the sentence unless the court finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) directs appellate review of whether clear and convincing evidence shows a felony sentence is unsupported by the record or contrary to law.

State v. Holly, Unpublished Decision (7-8-1999) · filed 1999-07-08(G)(1)(a),(d)

This court, therefore, cannot find by clear and convincing evidence the sentence either is unsupported by the record or is contrary to law. R.C. 2953.08 (G)(1)(a),(d).

Law changed since Same change as noted above.

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

State v. Snedegar, Unpublished Decision (7-16-1999) · filed 1999-07-16(G)(1)(a) and (d)

An appellate court "may increase, reduce, or otherwise modify" an appealable sentence or "vacate the sentence and remand the matter to the trial court for resentencing if the court clearly and convincingly finds * * * [t]hat the record does not support the sentence * * * [or t]hat the sentence is otherwise contrary to law." R.C. 2953.08 (G)(1)(a) and (d). ... Thus, it will not permit a conclusion by this court that the imposition upon Snedegar of the maximum authorized sentence was either contrary to law or unsupported by the evidence.

Law changed since Same change as noted above.

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the sentence lacks record support, was imposed without required procedures, or is contrary to law.

State v. Carter, Unpublished Decision (7-16-1999) · filed 1999-07-16(G)

When reviewing a trial court's decision regarding sentencing, a reviewing court may not modify or vacate the sentence unless the court "clearly and convincingly" finds that: (1) the sentence is not supported by the record; (2) the trial court imposed a prison term without following the appropriate statutory procedures; or (3) the sentence imposed was contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1)(a) and (d) limits an appellate court's ability to reduce, modify, or vacate a felony sentence to decisions unsupported by the record or contrary to law.

State v. Willis, Unpublished Decision (8-9-1999) · filed 1999-08-09(G)(1)(a) and (d)

Pursuant to R.C. 2953.08 (G)(1)(a) and (d), "this court cannot reduce, modify or vacate appellant's sentence unless we find the trial court's decision is unsupported by the record and/or contrary to law."

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only if clear and convincing evidence shows that it lacks record support or is contrary to law.

State v. Jones, Unpublished Decision (9-7-1999) · filed 1999-09-07(G)(1)

An appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(1).

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify a felony sentence when clear and convincing evidence shows that it lacks record support or is contrary to law.

State v. Maloney, Unpublished Decision (9-27-1999) · filed 1999-09-27(G)(1)(a) and (d)

An appellate court may not increase, reduce, or otherwise modify a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(1)(a) and (d); State v. Garcia (1998), 126 Ohio App.3d 485 , 487 .

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentence or that it is contrary to law.

State v. Calvin Brooks, Unpublished Decision (11-2-1999) · filed 1999-11-02(G)(1)

R.C. 2953.08 provides, in pertinent part: (G)(1) The court hearing an appeal of a sentence * * * 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 trial court for re-sentencing if the court clearly and convincingly finds any of the following: (a) That the record does not support the sentence; * * * (d) That the sentence is otherwise contrary to law. Accordingly, we review the sentence under the new guidelines.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to vacate a sentence and remand for resentencing if it clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.

State v. Johnson, Unpublished Decision (6-30-1999) · filed 1999-06-30(G)(1)

Pursuant to R.C. 2953.08 (G)(1), a reviewing court may vacate a sentence and remand it to the trial court for resentencing if the appellate court finds clearly and convincingly that: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law."

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to vacate a sentence and remand for resentencing if it finds, clearly and convincingly, that the record does not support the sentence or that the sentence is otherwise contrary to law.

State v. Millisor, Unpublished Decision (8-4-1999) · filed 1999-08-04(G)(1)

We first note that R.C. 2953.08 (G)(1) allows a reviewing court to vacate a sentence and remand it to the trial court for resentencing if the appellate court finds, clearly and convincingly, that: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to vacate a felony sentence and remand for resentencing when clear and convincing evidence shows that the record does not support the sentence or that it is contrary to law.

State v. Rouse, Unpublished Decision (9-23-1999) · filed 1999-09-23(G)(1)

We first note that R.C. 2953.08 (G)(1) allows a reviewing court to vacate a sentence and remand it to the trial court for resentencing if the appellate court finds, by clear and convincing evidence, that: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law."

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1)(b)–(c) procedure grounds with mandatory remand for specified omitted findings under (G)(1) and the narrower modification standard in (G)(2).

Section 2953.08(G)(1)(b) permits an appellate court to modify or vacate a fourth degree felony prison sentence if it clearly and convincingly finds that the trial court did not find any of the factors listed in R.C. 2929.13(B)(1).

State v. Ward · filed 1999-10-11(G)(1)(b)

Our review of appellant’s sentence is guided by R.C. 2953.08(G)(1), which authorizes an appellate court to increase, reduce, or otherwise modify a sentence, or to vacate a sentence and remand the matter. Under R.C. 2953.08(G)(1)(b), the appellate court may take any of these actions if it clearly and convincingly finds that the sentence involves a prison term for a fourth degree felony where the trial court did not find any of the factors listed in R.C. 2929.13(B)(1).

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08(G)(1) permits an appellate court to vacate a felony sentence and remand for resentencing only upon a clear-and-convincing finding that the record does not support the sentence or that the sentence is contrary to law.

State v. Akerman, Unpublished Decision (11-10-1999) · filed 1999-11-10(G)(1)

Although the State has argued that the standard of review of a trial court's sentence is abuse of discretion, we observe that R.C. 2953.08 (G)(1) allows a reviewing court to vacate a sentence and remand it to the trial court for resentencing only if the appellate court finds, by clear and convincing evidence, that: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law."

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to vacate a felony sentence and remand for resentencing if clear and convincing evidence shows that the record does not support the sentence or that it is contrary to law.

State v. Stuber, Unpublished Decision (12-8-1999) · filed 1999-12-08(G)(1)

Initially, we note that R.C. 2953.08 (G)(1) allows a reviewing court to vacate a sentence and remand it to the trial court for resentencing if the appellate court finds, by clear and convincing evidence, that: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law."

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits a reviewing court to modify or vacate a felony sentence when it clearly and convincingly finds, while deferring to the sentencing court’s weighing of the evidence, that the record does not support the sentence.

State v. Shackelford, Unpublished Decision (12-30-1999) · filed 1999-12-30(G)(1)

Finally, although R.C. 2953.08 (G)(1) does not afford an appellant a right to de novo review of his sentence, cf. Kershaw, supra, the statute does permit a reviewing court to modify or vacate a sentence, if the reviewing court, with deference to the balance struck by the sentencing court in weighing the relevant evidence, concludes, with a degree of certainty that may be characterized as "clear and convincing," that "the record does not support the sentence."

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that it lacks record support or is contrary to law.

State v. Flaugher, Unpublished Decision (11-8-1999) · filed 1999-11-08(G)(1)

Pursuant to R.C. 2953.08 (G)(1), an appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law or statute.

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to vacate a sentence and remand for resentencing if clear and convincing evidence shows that the record does not support the sentence or that it is contrary to law.

State v. Coleman, Unpublished Decision (11-16-1999) · filed 1999-11-16(G)(1)

Initially, we note that R.C. 2953.08 (G)(1) allows a reviewing court to vacate a sentence and remand it to the trial court for resentencing if the appellate court finds, by clear and convincing evidence, that: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law."

Law changed since Sub. H.B. 331 (Oct. 10, 2000) replaced broad record-support and procedure grounds for modifying a sentence; § 2953.08(G)(2) now limits record-support review to specified findings or a sentence otherwise contrary to law.

Section 2953.08(G)(1) permits an appellate court to modify or vacate a sentence when it clearly and convincingly finds that the procedures for overriding a presumptive sentence were not followed or lacked sufficient basis.

State v. Spencer, Unpublished Decision (11-19-1999) · filed 1999-11-19(G)(1)

R.C. 2953.08 (G)(1) provides that the court hearing an appeal of a sentence under division (B)(1) may increase, reduce, or otherwise modify a sentence that is appealed or may vacate the sentence and remand the matter to the trial court if the court "clearly and convincingly" finds that the procedures for overriding a presumptive sentence were not followed or if followed there was an insufficient basis for the trial court's overriding the statutory presumptions. We cannot say the record demonstrates clearly and convincingly that the trial court failed to follow the proper sentencing procedures or that there was an insufficient basis for the trial court's overriding the statutory presumption in favor of imposing community sanctions on Spencer.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08(G)(1)(a) and (d) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Whittenberger, Unpublished Decision (12-3-1999) · filed 1999-12-03(G)(1)(a) and (d)

Pursuant to R.C. 2953.08 (G)(1)(a) and (d), this court may "increase, reduce, or otherwise modify * * * or may vacate the sentence and remand the matter to the trial court for resentencing if [we] * * * clearly and convincingly find * * * [t]hat the record does not support the sentence * * * [or] [t]hat the sentence is otherwise contrary to law."

Law changed since Same change as noted above.

Section 2953.08(G)(1)(a) permits an appellate court to vacate a maximum felony sentence and remand for resentencing when it clearly and convincingly finds that the record does not support the sentence.

State v. Edwards, Unpublished Decision (12-17-1999) · filed 1999-12-17(G)(1)(a)

Therefore, we vacate the sentence imposed, remand this cause to the trial court, and order the trial court to resentence Edwards because we "clearly and convincingly find" that "the record does not support" the maximum sentence imposed by the trial court. R.C. 2953.08 (G)(1)(a).

Law changed since Same change as noted above.

Section 2953.08 requires review of the entire record and permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Long · filed 1999-12-23(F), (G)(1)(a), (G)(1)(d)

As R.C. 2953.08(F) requires, we have reviewed the entire record of the case, including the presentence report, the transcript of the sentencing hearing, the statements made to and by the court, and its felony-sentence-findings worksheet. As a reviewing court, we may increase, reduce, or otherwise modify the sentence imposed in this case, or we may vacate the sentence and remand the matter to the trial court, if we find clearly and convincingly (1) that the record fails to support the sentence, or (2) that the sentence is otherwise contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that the sentence lacks record support or is contrary to law.

State v. Rittenhouse, Unpublished Decision (12-30-1999) · filed 1999-12-30(G)(1)

Pursuant to R.C. 2953.08 (G)(1), an appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law or statute.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a sentence imposed under Senate Bill 2 only upon clear and convincing evidence that it lacks record support or is contrary to law or statute.

State v. Sheets, Unpublished Decision (1-18-2000) · filed 2000-01-18(G)(1)

Pursuant to R.C. 2953.08 (G)(1), an appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law or statute.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing showing that the sentence lacks record support, is contrary to law, or was imposed without the required statutory procedures.

State v. Haugh, Unpublished Decision (1-24-2000) · filed 2000-01-24(G)(1)

Moreover, appellate courts are now precluded from modifying or vacating a sentence unless it is "clearly and convincingly" shown that the sentence is not supported by the record, is contrary to law or that the trial court failed to follow the proper statutory procedures for imposing such sentence. See R.C. 2953.08 (G)(1). We conclude in this case that the sentences imposed by the trial court are supported by the record and are not contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) requires clear and convincing evidence that a felony sentence lacks record support or is otherwise contrary to law.

State v. Newport, Unpublished Decision (2-2-2000) · filed 2000-02-02(G)(1)

Therefore, we conclude that the defendant has failed to demonstrate that the "record does not support the sentence" or "is otherwise contrary to law" by clear and convincing evidence. Cf. R.C. 2953.08 (G).

Law changed since Same change as noted above.

Section 2953.08(G)(1) limits modification of a felony sentence appealed as contrary to law to cases where the appellate court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.

State v. Jarrells, Unpublished Decision (2-7-2000) · filed 2000-02-07(G)(1)(a)

This court's appellate review is limited by the dictates of R.C. § 2953.08 . ... (G)(1) The court hearing an appeal of a sentence under division (A) * * * of this section may increase, reduce, or otherwise modify a sentence that is appealed as being contrary to law or may vacate the sentence and remand the matter to the trial court for resentencing if the court clearly and convincingly finds any of the following: (a) That the record does not support the sentence; * * * (d) That the sentence is otherwise contrary to law. ... Therefore, we hold that the record before us supports the sentence imposed.

Law changed since Same change as noted above.

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

State v. Burch, Unpublished Decision (3-15-2000) · filed 2000-03-15(G)

In order to increase, reduce, modify or vacate and remand Appellant's sentence, we must clearly and convincingly find that the sentence is not supported by the record or that the sentence is otherwise contrary to the law.

Law changed since Same change as noted above.

Section 2953.08(G) permits an appellate court to alter a felony sentence only upon a clear and convincing finding that it lacks record support or is contrary to the sentencing guidelines or law.

State v. Russell, Unpublished Decision (3-23-2000) · filed 2000-03-23(G)

R.C. 2953.08 (G) does not compel an appellate court to disturb a trial court's decision with regard to a sentence. ... Rather, an appellate court may alter a trial court's felony sentence only if it "clearly and convincingly" finds the sentence to be unsupported in the record, contrary to the exercise of the court's discretion and the guidelines as set forth in R.C. 2929.12 and R.C. 2929.13 , or otherwise contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits a reviewing court to vacate a felony sentence and remand for resentencing if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Benvenuto, Unpublished Decision (3-28-2000) · filed 2000-03-28(G)(1)

With respect to the felony sentencing, R.C. 2953.08 (G)(1) provides that a reviewing court may vacate the sentence and remand the matter to the trial court for re-sentencing if the court clearly and convincingly finds either that "(a) the record does not support the sentence; * * * [or] (d) the sentence is otherwise contrary to law." State v. Gonzalez (June 30, 1999), Allen App. No. 1-98-84, unreported.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to vacate and remand a felony sentence if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Alberty, Unpublished Decision (3-28-2000) · filed 2000-03-28(G)(1)

According to R.C. 2953.08 (G)(1), this court has the authority to vacate a sentence and remand it to the trial court for the purpose of resentencing if we clearly and convincingly find that: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law." Herein, Appellant argues that the maximum sentence is not supported by the evidence contained in the record. We find otherwise.

Law changed since Same change as noted above.

Section 2953.08(G)(1)(a) and (d) permits reversal of a sentence imposed under Senate Bill 2 only upon clear and convincing evidence that the sentence is unsupported by the record or contrary to law.

State v. Futrell, Unpublished Decision (11-10-1999) · filed 1999-11-10(G)(1)(a) and (d)

Pursuant to R.C. 2953.08 (G)(1)(a) and (d), an appellate court may only reverse a sentence imposed under Senate Bill 2 if it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

Law changed since Same change as noted above.

Section 2953.08 permits an appellate court to reverse a felony sentence if clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Gerber, Unpublished Decision (12-22-1999) · filed 1999-12-22(G)(1) and (4)

We may reverse the sentence imposed, as is relevant to the case at bar, only if we find by clear and convincing evidence that the sentence is unsupported by the record or is contrary to law. R.C. 2953.08 (G)(1) and (4).

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to disturb a sentence only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Taylor, Unpublished Decision (2-14-2000) · filed 2000-02-14(G)(1)

An appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(1).

Law changed since Sub. H.B. 331 (Oct. 10, 2000) replaced broad record-support and procedure grounds for modifying a sentence; § 2953.08(G)(2) now limits record-support review to specified findings or a sentence otherwise contrary to law.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence when it clearly and convincingly finds that the record does not support it.

State v. Roseberry, Unpublished Decision (2-24-2000) · filed 2000-02-24(G)(1)

The record does not clearly and convincingly support a conclusion to the contrary.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08(G) calls for clear-and-convincing review of whether a felony sentence lacks record support or is contrary to law.

State v. Stern · filed 2000-03-24(G)

We are unable to “clearly and convincingly” find that the trial court’s basis for imposing a longer term of imprisonment on Stern was not supported by the record or was otherwise contrary to law.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to vacate a felony sentence and remand for resentencing when clear and convincing evidence shows that the sentence is unsupported by the record or contrary to law.

State v. Payne, Unpublished Decision (3-3-2000) · filed 2000-03-03(G)(1)

We first note that R.C. 2953.08 (G)(1) allows a reviewing court to vacate a sentence and remand it to the trial court for resentencing if the appellate court finds, by clear and convincing evidence, that: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law."

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to vacate a felony sentence and remand for resentencing when it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Russell, Unpublished Decision (3-13-2000) · filed 2000-03-13(G)(1)

R.C. 2953.08 (G)(1) permits this court to vacate a sentence and remand it to the trial court for the purpose of resentencing in the event that we clearly and convincingly find that: (a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law."

Law changed since Same change as noted above.

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

State v. Agner, Unpublished Decision (8-3-2000) · filed 2000-08-03(G)

Of the four reasons cited in R.C. 2953.08 (G), the only ones applicable herein are whether the record does not support the sentence, and whether the sentence is otherwise contrary to law. After reviewing the record, we cannot clearly and convincingly find that the trial court erred in either respect.

Law changed since Same change as noted above.

Section 2953.08(G)(1)(a) permits an appellate court to remand or modify a felony sentence if it clearly and convincingly finds that the record does not support the sentence.

State v. Collins, Unpublished Decision (3-30-2000) · filed 2000-03-30(G)(1)(a)

When a sentence is appealed under current Ohio sentencing laws, the appellate court may remand the case, or increase, reduce, or otherwise modify the sentence, if it clearly and convincingly finds that the record does not support the sentence. R.C. 2953.08 (G)(1)(a). ... Moreover, after thorough review of the record this court cannot say that the 19 year prison term is not supported by clear and convincing evidence.

Law changed since Same change as noted above.

Section 2953.08(G)(1)(a) permits an appellate court to remand or modify a felony sentence if it clearly and convincingly finds that the record does not support the sentence.

State v. King, Unpublished Decision (4-13-2000) · filed 2000-04-13(G)(1)(a)

When a sentence is appealed under current Ohio sentencing laws, the appellate court may remand the case, or increase, reduce, or otherwise modify the sentence, if it clearly and convincingly finds that the record does not support the sentence. R.C. 2953.08 (G)(1)(a).

Law changed since Same change as noted above.

Section 2953.08 permits an appellate court to modify a felony sentence or vacate and remand it if the court clearly and convincingly finds that the record does not support the sentence or that it is contrary to law.

State v. Jones, Unpublished Decision (4-14-2000) · filed 2000-04-14

Under this section, an appellate court hearing an appeal of a felony sentence may modify the sentence or vacate the sentence and remand the matter to the trial court if the appellate court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1)(b)–(c) procedure grounds with mandatory remand for specified omitted findings under (G)(1) and the narrower modification standard in (G)(2).

Section 2953.08(G)(1)(b) permits an appellate court to vacate a prison sentence for a fifth-degree felony when it clearly and convincingly finds an insufficient basis for the prison term.

State v. Kawaguchi · filed 2000-04-17(G)(1)(b)

Therefore, because we find that appellant’s sentence includes a prison term and that the offense for which the prison term was imposed is a felony of the fifth degree and because this court “clearly and convincingly finds” that there is insufficient basis in the record for imposing a prison term for the offense, then, pursuant to the authority granted to us in R.C. 2953.08(G)(1), we vacate appellant’s sentence and remand the matter to the trial court for imposition of a sentence of community control sanctions in conformance with the record and the statutory mandate of R.C. 2929.11.

Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).

Section 2953.08(G)(1) permits an appellate court to vacate and remand a felony sentence if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Fahringer, Unpublished Decision (5-11-2000) · filed 2000-05-11(G)(1)

With respect to felony sentencing, R.C. 2953.08 (G)(1) provides that a reviewing court may vacate the sentence and remand the matter to the trial court for re-sentencing if the court clearly and convincingly finds either that "(a) the record does not support the sentence; * * * [or] (d) the sentence is otherwise contrary to law." ... As such, we cannot clearly and convincingly find that the evidence in the record does not support the sentences.

Law changed since Same change as noted above.

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

State v. Lanker, Unpublished Decision (5-12-2000) · filed 2000-05-12

This court reviews this felony sentence pursuant to R.C. 2953.08 . Under this section, an appellate court hearing an appeal of a felony sentence may modify the sentence or vacate the sentence and remand the matter to the trial court if the appellate court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.

Law changed since Same change as noted above.

Section 2953.08 directs an appellate court to review the sentencing record and modify or vacate a sentence if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Catalogna, Unpublished Decision (5-16-2000) · filed 2000-05-16

R.C. 2953.08 directs this court to modify or vacate a sentence if we clearly and convincingly, find, inter alia, that the record does not support the sentence or if it is contrary to law. The statute directs us to review the record, including pre-sentence reports, the trial record, the record of the sentencing hearing, and any written findings the trial court may have made. ... Our review of the record leads us to the conclusion appellant's sentence is not contrary to law, nor is it against the manifest weight of the evidence presented to the trial court.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to modify a felony sentence or vacate it and remand for resentencing if it clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.

State v. Gomez, Unpublished Decision (5-23-2000) · filed 2000-05-23(G)(1)

R.C. 2953.08 (G) (1) provides that an appellate court hearing an appeal of a felony sentence may modify the sentence or vacate the sentence and remand the matter to the trial court for resentencing if the court clearly and convincingly finds any of the following: "(a) That the record does not support the sentence; "* * * "(d) That the sentence is otherwise contrary to law."

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to modify a felony sentence upon a clear and convincing finding that the sentence lacks record support, improperly includes or excludes a prison term, or is contrary to law.

State v. Jones, Unpublished Decision (6-13-2000) · filed 2000-06-13(G)(1)(a)-(d)

The appellate court may modify the sentence upon clearly and convincingly finding that the sentence is not supported by the record, the sentence erroneously includes or excludes a prison term, or the sentence is contrary to law. R.C. 2953.08 (G)(1)(a)-(d). In applying this standard of review, we do not substitute our judgment for that of the trial court.

Law changed since Same change as noted above.

Section 2953.08(G)(1)(a) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentence.

State v. Aguirre, Unpublished Decision (6-14-2000) · filed 2000-06-14(G)(1)(a)

The court hearing an appeal of a sentence * * * 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 trial court for resentencing if the court clearly and convincingly finds * * * [t]hat the record does not support the sentence[.] R.C. 2953.08 (G)(1)(a). ... Hence, we cannot conclude that the trial court's conclusion that Mr. Solis Aguirre committed one of the worst forms of the offense was clearly and convincingly not supported by the record.

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to vacate a felony sentence and remand for resentencing if clear and convincing evidence shows that the record does not support the sentence or that the sentence is contrary to law.

State v. Bennett, Unpublished Decision (6-21-2000) · filed 2000-06-21(G)(1)

Initially, we note that R.C. 2953.08 (G)(1) allows a reviewing court to vacate a sentence and remand it to the trial court for resentencing if the appellate court finds, by clear and convincing evidence, the following: "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law."

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb an imposed sentence only when clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Bailey, Unpublished Decision (7-24-2000) · filed 2000-07-24(G)(1)

An appellate court may not disturb an imposed sentence unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(1).

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to disturb a felony sentence only upon clear and convincing evidence that it lacks record support or is contrary to law.

State v. Simpson, Unpublished Decision (4-3-2000) · filed 2000-04-03(G)(1)

Now, an appellate court may not disturb an imposed sentence unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law or the statute. R.C. 2953.08 (G)(1).

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that the sentence lacks record support or is contrary to law.

State v. Gillespie, Unpublished Decision (4-24-2000) · filed 2000-04-24(G)(1)

An appellate court may not disturb a sentence imposed unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(1).

Law changed since Same change as noted above.

Section 2953.08(G)(1) permits an appellate court to disturb a Senate Bill 2 sentence only on clear and convincing evidence that it lacks record support or is contrary to law or statute.

State v. Throckmorton, Unpublished Decision (5-15-2000) · filed 2000-05-15(G)(1)

Pursuant to R.C. 2953.08 (G)(1), an appellate court may not disturb a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law or statute.

Law changed since Same change as noted above.

Section 2953.08(G)(1) allows an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Akers, Unpublished Decision (6-2-2000) · filed 2000-06-02(G)(1)

The standard of review applicable to this assignment of error is set out in R.C. 2953.08 (G)(1). ... Accordingly, we find that the record clearly and convincingly supports the sentence, and appellant's third assignment of error is not well-taken.

Law changed since Sub. H.B. 331 (Oct. 10, 2000) replaced broad record-support and procedure grounds for modifying a sentence; § 2953.08(G)(2) now limits record-support review to specified findings or a sentence otherwise contrary to law.

Section 2953.08(G)(1)(a) allows an appellate court to disturb a felony sentence when the record does not clearly and convincingly support it.

State v. McKinley, Unpublished Decision (6-22-2000) · filed 2000-06-22(G)(1)(a)

We cannot disturb McKinley's sentence unless we find the record does not clearly and convincingly support the sentence. See R.C. 2953.08 (G)(1)(a).

Law changed since State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.

Section 2953.08 provides for de novo appellate review of a felony sentence.

State v. Wilson, Unpublished Decision (6-23-2000) · filed 2000-06-23

In accordance with R.C. 2953.08 , our review of a felony sentence is de novo .