Ohio Rev. Code Ann. § 2953.08

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

State v. Walker · filed 2020-02-12(G)(2)(a)

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

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

State v. Gilcrease · filed 2020-02-13(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify a sentence, or vacate a sentence and remand for resentencing if it “clearly and convincingly finds” that 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 permits appeals of maximum and consecutive felony sentences.

State v. Revere · filed 2020-02-20

R.C. 2953.08 sets forth the parameters of an appellate court’s review of felony sentences. It includes categories of sentences that may be appealed such as consecutive sentences under R.C. 2953.08(C)(1) or a maximum sentence under R.C. 2953.08(A).

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 relevant findings or that the sentence is contrary to law.

State v. Thomson · filed 2020-02-21(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 [of the case] does not support the trial court’s findings under the relevant statutes,” or that the sentence “is otherwise contrary to law.” 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) governs appellate review of felony sentences and permits a court to leave a sentence in place when it complies with applicable sentencing requirements and is not clearly and convincingly contrary to law.

State v. Butler · filed 2020-02-21(G)(2)

We find that the trial court complied with all applicable sentencing requirements when it sentenced Butler to prison 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 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. White · filed 2020-03-02(G)(2)

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

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

State v. Watts · filed 2020-03-02(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." ... Under the standard of review set forth by R.C. 2953.08(G)(2), the trial court's decision was neither contrary to law nor unsupported by the record.

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

State v. Woofter · filed 2020-03-02(G)(2)(a)

In an appeal of a felony sentence, “R.C. 2953.08(G)(2)(a) compels appellate courts to modify or vacate sentences if they find by clear and convincing evidence that the record does not support any relevant findings under ‘division * * * (C)(4) of section 2929.14.’” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 22. ... We do not find by clear and convincing evidence that the record does not support the trial court’s decision to impose consecutive sentences.

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. DiBell · filed 2020-03-02(G)(2)

An appellate court may increase, reduce, or modify an appealed sentence or may vacate the sentence and remand the matter to the sentencing court for resentencing if it clearly and convincingly finds that the sentence is contrary to law.

Section 2953.08(G)(2) permits a reviewing court to overturn consecutive sentences 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. Lariche · filed 2020-03-05(G)(2)

Under 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 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 contrary to law.

State v. Lawrence · filed 2020-03-09(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) allows 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 findings or that the sentence is contrary to law.

State v. Trotter · filed 2020-03-12(G)(2)

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

Section 2953.08(G)(2) 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 contrary to law.

State v. Manon · filed 2020-03-13(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.” Id.

Section 2953.08(G)(2) permits an appellate court to reduce, modify, or vacate a felony sentence and remand when applicable statutory findings lack record support or the sentence is otherwise contrary to law.

State v. Robertson · filed 2020-02-14(G)(2)

Pursuant to R.C. 2953.08(G)(2), in reviewing a disputed felony sentence, an appellate court may reduce, modify, or vacate the sentence and remand the case to the trial court if the disputed sentence was based upon applicable statutory findings not supported by the record of evidence or was otherwise contrary to law.

Section 2953.08(G)(2) requires appellate courts reviewing a felony sentence to determine whether the sentence is supported by clear and convincing evidence and whether it is contrary to law.

State v. Burmeister · filed 2020-03-20(G)(2)

An appellate court must determine whether the sentence is supported by clear and convincing evidence and whether the sentence is contrary to law.

Section 2953.08(G)(2) permits 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. Graham · filed 2020-03-23(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 * * *.” State v. McGowan, 147 Ohio St.3d 166, 2016-Ohio-2971, 62 N.E.3d 178, ¶ 1.

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. Fallon · filed 2020-03-23(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 * * * [t]hat 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 “[t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(a) and (b).

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

State v. Ellis · filed 2020-03-24(G)(2)

Our standard of review of sentencing is set forth in R.C. 2953.08(G)(2): ... The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law. ... We find the imposition of consecutive sentences was not contrary to law. We further find the record, including the presentence investigation report filed under seal with this Court, supports the court's findings under R.C. 2929.14(C)(4).

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

State v. Jackson-Williams · filed 2020-03-26(G)(2)

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

Section 2953.08 permits a reviewing court to overturn consecutive sentences when it clearly and convincingly finds that required findings were omitted, the record does not support those findings, or the sentence is otherwise contrary to law.

State v. Cohee · filed 2020-03-26

Pursuant to R.C. 2953.08, a reviewing court may overturn the imposition of consecutive sentences where it clearly and convincingly finds that the trial court failed to make the required findings under R.C. 2929.14(C)(4), or that the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) permits appellate review of whether a felony sentence is otherwise contrary to law.

State v. Miller · filed 2020-03-27(G)(2)(b)

We, therefore, limit our discussion to R.C. 2953.08(G)(2)(b): whether 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 finds by clear and convincing evidence that relevant findings lack record support or the sentence is contrary to law.

State v. O'Neal · filed 2020-03-30(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 modify or vacate a felony sentence when clear and convincing evidence shows that the record does not support the required findings or that the sentence is contrary to law.

State v. Harner · filed 2020-03-30(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) limits an appellate court’s authority to modify or vacate a felony sentence to specified findings that are clearly and convincingly unsupported by the record or a sentence that is otherwise contrary to law.

State v. Stevens · filed 2020-04-01(G)(2)

Our authority to modify or vacate any sentence is limited to those circumstances where we clearly and convincingly find 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] [t]hat the sentence is otherwise contrary to law." R.C. 2953.08(G)(2)(a),(b).

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

State v. Hawley · filed 2020-04-02(G)(2)

R.C. 2953.08(G)(2) states that when reviewing felony sentences, an “appellate court’s standard for review is not whether the sentencing court abused its discretion.” Rather, the statute states that if we “clearly and convincingly” find that (1) “the record does not support the sentencing court’s findings under [R.C. 2929.14(C)(4)],” or that (2) “the sentence is otherwise contrary to law,” then we “may increase, reduce, or otherwise modify a sentence * * * or [we] may vacate the sentence and remand the matter to the sentencing court for resentencing.”

Section 2953.08(G)(2) governs appellate review of consecutive felony sentences; the appellate court may modify a sentence when it clearly and convincingly finds that the record does not support the required findings.

State v. Stanislaw · filed 2020-04-06(G)(2)

We review consecutive sentences imposed pursuant to R.C. 2929.14(C)(4) under R.C. 2953.08(G)(2), which states: ... The appellate court’s standard for review is not whether the sentencing court abused its discretion.

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

State v. Mickey · filed 2020-04-13(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 (1) 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 (2) 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 that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Worlu · filed 2020-04-15(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to overturn consecutive felony sentences 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. Clay · filed 2020-04-16(G)(2)

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

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

State v. Ramey · filed 2020-04-17(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.

Under former § 2953.08(G)(2), a reviewing court may modify or vacate a felony sentence only if it clearly and convincingly finds that the sentence is contrary to law or that the record does not support the trial court’s findings.

State v. Walker · filed 2020-04-22(G)(2)

Before a reviewing court can modify or vacate a felony sentence, it must clearly and convincingly find that the sentence is contrary to law or that the record does not support the trial court’s findings.

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

State v. Jackson · filed 2020-04-23(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 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. Taylor · filed 2020-04-24(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 vacate or modify a felony sentence 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. Pedraza · filed 2020-04-27(G)(2)

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

State v. Long · filed 2020-04-27(G)(2)

R.C. 2953.08(G)(2) permits an appellate court to modify or vacate a sentence only if the appellate court finds by clear and convincing evidence (1) that the record does not support the sentencing court's findings or (2) that the sentence is otherwise contrary to law.

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

State v. Arnold · filed 2020-04-29(G)(2)

Before a reviewing court can modify or vacate a felony sentence, it must clearly and convincingly find that the sentence is contrary to law or that the record does not support the trial court’s findings. Former R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1; State v. White, 2013-Ohio-4225, 997 N.E.2d 629, ¶ 11 (1st Dist.).

Section 2953.08 authorizes an appellate court to vacate or modify a felony sentence if it is clearly and convincingly contrary to law or clear and convincing evidence shows the record does not support it.

State v. Treadwell · filed 2020-04-30(G)(2)

Thus, R.C. 2953.08 authorizes an appellate court to vacate or modify a sentence if (1) the court finds the sentence is "clearly and convincingly contrary to law," or (2) the court finds "by clear and convincing evidence that the record did not support the sentence." Id. at ¶ 7.

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

State v. Hibbard · filed 2020-05-04(G)(2)

R.C. 2953.08(G)(2) permits an appellate court to modify or vacate a sentence only if the appellate court finds by clear and convincing evidence (1) that the record does not support the sentencing court's findings or (2) that the sentence is otherwise contrary to law.

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

State v. Woten · filed 2020-05-04(G)(2)

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

Section 2953.08(G)(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 sentencing court’s findings or that the sentence is otherwise contrary to law.

State v. Carpenter · filed 2020-05-04(G)(2)

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 when it clearly and convincingly finds specified sentencing findings unsupported by the record or the sentence otherwise contrary to law.

State v. McCauley · filed 2020-05-05(G)(2)

... 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 modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the findings required for consecutive sentences.

State v. Brechen · filed 2020-05-07(G)(2)

When reviewing felony sentences, we apply the standard of review set forth in R.C. 2953.08(G)(2). State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 9. Under the statute, we 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 findings under R.C. 2929.14(C)(4).

Section 2953.08(G)(2)(a) permits an appellate court to alter a sentence when it clearly and convincingly finds that the record does not support the sentencing court’s findings.

State v. Grove · filed 2020-03-25(G)(2)(a)

The language of the relevant code section prohibits this court from altering a sentence unless we find clear and convincing evidence the record does not support the trial court’s sentencing.

Section 2953.08(G)(2) provides a two-pronged approach for appellate review of felony sentences.

State v. Perkins · filed 2020-03-27(G)(2)

We review a felony sentence under the two-pronged approach set forth in R.C. 2953.08(G)(2).

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

State v. Lanning · filed 2020-05-08(G)(2)

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

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

State v. Dennis · filed 2020-05-08(G)(2)

It is well-established that pursuant to R.C. 2953.08(G)(2), an appellate court may increase, decrease, modify, or vacate a disputed trial court felony sentence if it is demonstrated by clear and convincing evidence that either the record of evidence did not support applicable statutory findings or is otherwise contrary to law.

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

State v. Glenn · filed 2020-05-11(G)(2)(a)

Based on the totality of the record at the time of sentencing on the community control violations, we do not clearly and convincingly find that the record does not support the trial court's consecutive sentence findings, including its finding that consecutive sentences are not disproportionate to appellant's conduct and the danger he poses to the public.

Section 2953.08(G)(2) directs appellate courts to review felony sentences for clear and convincing evidence that required sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Cammack · filed 2020-05-14(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. Hodge · filed 2020-05-19(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 a reviewing court to vacate or modify a felony sentence when clear and convincing evidence shows that the record does not support the required findings or the sentence is otherwise contrary to law.

State v. Campbell · filed 2020-05-26(G)(2)

Under R.C. 2953.08(G)(2), a reviewing court may vacate or modify a felony sentence only under two circumstances: “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 overturn consecutive felony sentences when it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Black · filed 2020-05-28(G)(2)

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

Section 2953.08(G)(2) requires appellate courts reviewing felony sentences to apply a clear-and-convincing-evidence standard rather than abuse-of-discretion review.

State v. Duffy · filed 2020-06-01(G)(2)

The standard of review used by appellate courts in reviewing felony sentences is not whether the sentencing court abused its discretion. R.C. 2953.08(G)(2). The Supreme Court of Ohio has held that “an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1. See also R.C. 2953.08(G)(2).

Section 2953.08(G)(2) does not permit an appellate court to overturn a felony sentence based on a perceived abuse of discretion.

State v. Penn · filed 2020-06-03(G)(2)

This Court may not overturn a felony sentence based on a perceived abuse of discretion.

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

State v. Leegrand · filed 2020-06-04(G)(2)

Instead, R.C. 2953.08(G)(2) provides that appellate courts “may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if the reviewing court “clearly and convincingly” finds that (a) “the record does not support the sentencing court’s findings under [R.C. 2929.14(C)(4)],” or that (b) “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 court’s findings or that the sentence is contrary to law.

State v. Kimbrough · filed 2020-06-04(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.”

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

State v. Hieber · filed 2020-06-05(G)(2)

It is well-established, pursuant to R.C. 2953.08(G)(2), that an appellate court may increase, decrease, modify, or vacate and remand, a disputed trial court felony sentence if it is demonstrated by clear and convincing evidence that either the record of evidence did not support applicable statutory findings or the sentence is otherwise contrary to law.

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

State v. Thompson · filed 2020-06-05(G)(2)

Our authority to modify or vacate any sentence is limited to those circumstances where we clearly and convincingly find 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] [t]hat the sentence is otherwise contrary to law." R.C. 2953.08(G)(2)(a), (b). ... Thompson has failed to clearly and convincingly show the record does not support the trial court’s findings, or that the aggregate two year 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 the record does not support specified sentencing findings or that the sentence is contrary to law.

State v. Tetak · filed 2020-06-08(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) distinguishes a sentence that is contrary to law from a sentencing finding that lacks record support.

State v. Russell · filed 2020-06-08(G)(2)

We note that whether a trial court’s finding under R.C. 2929.14(C) and whether consecutive sentences are contrary to law are two separate concepts. See R.C. 2953.08(G)(2)(a) and (b). Mr. Russell is actually arguing that this finding is not supported by the record.

Section 2953.08(D)(3) bars appellate review of a sentence for aggravated murder or murder imposed under R.C. 2929.02 to 2929.06.

State v. Flora · filed 2020-06-08(D)(3)

According to R.C. 2953.08(D)(3), a sentence imposed for aggravated murder or murder pursuant to R.C. 2929.02 to 2929.06 is not subject to review. ... Thus, this court cannot undertake a review of appellant’s aggravated murder sentence.

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

State v. Gorley · filed 2020-06-12(G)(2)(a)-(b)

We do not find by clear and convincing evidence “that the record does not support the sentencing court's findings,” or “that the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(a)-(b).

Section 2953.08(G)(2) permits an appellate 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. Delmonico · filed 2020-06-18(G)(2)

A reviewing court may overturn the imposition of consecutive sentences, under R.C. 2953.08, where the appellate court “clearly and convincingly finds that ‘the record does not support the sentencing court’s findings’ under R.C. 2929.14(C)(4), or the sentence is ‘otherwise contrary to law.’” Hendricks at ¶ 9, quoting R.C. 2953.08(G)(2)(a) through 2953.08(G)(2)(b). ... The trial court’s statements satisfied R.C. 2929.14(C)(4), and the record clearly and convincingly supports these findings.

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

State v. Roberts · filed 2020-06-19(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. ... We do not find that the record clearly and convincingly fails to support the trial court’s consecutive sentencing findings.

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

State v. Smith · filed 2020-06-22(G)(2)

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

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

State v. McCants · filed 2020-06-24(G)(2)

Our role is to determine whether the sentence is clearly and convincingly contrary to law or unsupported by the record.

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 specified findings or that the sentence is contrary to law.

State v. Bennett · filed 2020-06-25(G)(2)

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

Section 2953.08(G)(2)(b) provides appellate review of a felony sentence challenged as contrary to law.

State v. Wallace · filed 2020-06-26(G)(2)(b)

Because appellant argues that the trial court’s judgment was contrary to law it is, therefore, subject to our review under R.C. 2953.08(G)(2)(b).

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

State v. Crook · filed 2020-06-26(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 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. Sanders · filed 2020-06-29(G)(2)

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

Section 2953.08(G)(2) 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. Hargraves · filed 2020-06-30(G)(2)

“[A]ppellate courts must adhere to the plain language of R.C. 2953.08(G)(2).” State v. Marcum, 146 Ohio St.3d 516, 2016–Ohio–1002, 59 N.E.3d 1231, ¶ 7. 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) allows an appellate court to modify or vacate a felony sentence only when it clearly and convincingly finds that the record does not support the trial court’s findings or that the sentence is contrary to law.

State v. Burrows · filed 2020-07-08(G)(2)

We may modify or vacate a sentence only if we clearly and convincingly find that the record does not support the trial court’s findings or that a 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 specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Smith · filed 2020-07-09(G)(2)

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

State v. Williams · filed 2020-07-10(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) allows an appellate court to reverse 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. Ford · filed 2020-07-20(G)(2)

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

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

State v. Franklin · filed 2020-07-22(G)(2)

Under R.C. 2953.08(G)(2), 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 reverse a felony sentence only on clear and convincing evidence that the relevant findings lack record support or the sentence is otherwise contrary to law.

State v. Kammeyer · filed 2020-07-27(G)(2)

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

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

State v. Colston · filed 2020-07-27(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) requires clear and convincing evidence that the record fails to support a felony sentence before an appellate court may disturb it on that ground.

State v. Reed · filed 2020-07-31(G)(2)

Even taking into account the lack of physical or economic harm caused by Reed’s vandalism and the prosecutor’s recommendation of community control, we do not find that the record clearly and convincingly fails to support a 12-month prison 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 record does not support the sentencing court’s decision.

State v. Brooks · filed 2020-08-05(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)(a) permits an appellate court to modify consecutive sentences if it clearly and convincingly finds that the record does not support the required findings.

State v. Velazquez · filed 2020-08-10(G)(2)(a)

Thus, this court can only modify the imposition of the trial court's sentence if we were to clearly and convincingly find that the record does not support the trial court's findings made according to R.C. 2929.14(C)(4).

Section 2953.08(G)(2)(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 sentencing court’s consecutive-sentence findings.

State v. Rulong · filed 2020-08-10(G)(2)(a)

An appellate court may increase, reduce, or otherwise modify a felony sentence or may vacate the felony 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). R.C. 2953.08(G)(2)(a).

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

State v. Anderson · filed 2020-08-14(G)(2)

Pursuant to the plain language of R.C. 2953.08(G)(2), this court may vacate or modify Anderson’s sentence only if it determines by clear and convincing evidence that: (1) that the record did not support the trial court’s findings under relevant statutes; or (2) that the sentence was otherwise contrary to law.

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

State v. Rodgers · filed 2020-08-24(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) supplies the standard of appellate review for felony sentences.

State v. Boyd · filed 2020-08-24(G)(2)

Rather, as this court first stated in State v. Crawford, 12th Dist. Clermont No. CA2012-12-088, 2013-Ohio-3315, the standard of review set forth in R.C. 2953.08(G)(2) shall govern all felony sentences.

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

State v. Kellar · filed 2020-08-28(G)(2)

Rather, our review authority is statutorily derived under R.C. 2953.08(G)(2), which permits us to alter the trial court’s sentence in this case only if it is clearly and convincingly contrary to law or if the trial court’s findings under R.C. 2929.14(C)(2) were not supported by the record.

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

State v. Quickle · filed 2020-08-31(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.” ... Accordingly, based on the foregoing, Quickle’s sentence is not clearly and convincingly contrary to law because it is within the permissible statutory range, and the trial court properly considered the criteria found in R.C. 2929.11 and 2929.12.

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. Andres · filed 2020-08-31(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 change or vacate a sentence when it clearly and convincingly finds that the required findings lack record support or that the sentence is contrary to law.

State v. Mathias · filed 2020-08-26(G)(2)

Under R.C. 2953.08(G)(2), 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)(a) requires an appellate court to modify a sentence or vacate it and remand for resentencing when the record does not support the specified sentencing findings.

State v. Christian · filed 2020-07-24(G)(2)(a)

If the “record does not support the sentencing court's findings under * * * division (B)(2)(e) or (C)(4) of section 2929.14 * * * of the Revised Code,” R.C. 2953.08(G)(2)(a), then an appellate court must take corrective action by either modifying or vacating and remanding the matter for resentencing.

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

State v. Motz · filed 2020-09-08(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) limits an appellate court’s authority to vacate or modify a felony sentence when the record does not clearly and convincingly fail to support it.

State v. Ingels · filed 2020-09-09(G)(2)

We review felony sentences under the standard set forth in R.C. 2953.08(G)(2) and may only vacate or modify a sentence where we find that the record clearly and convincingly does not support the sentence.

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. Rice · filed 2020-09-11(G)(2)

Pursuant to the plain language of R.C. 2953.08(G)(2), this court may vacate or modify Rice’s 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 only when clear and convincing evidence shows that the record does not support the relevant findings or the sentence is otherwise contrary to law.

State v. Hudson · filed 2020-09-11(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 [of the case] does not support the trial court’s findings under the relevant statutes,” or that the sentence “is otherwise contrary to law.” 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)(a), together with section 2929.14(C), governs appellate review of consecutive felony sentences.

State v. Rodriguez · filed 2020-09-17(G)(2)(a)

R.C. 2953.08(G)(2)(a) and 2929.14(C) set forth the exclusive means of appellate review of consecutive sentences.

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

Sate v. Gonzales · filed 2020-09-18(G)(2)

The review of felony sentences is governed under R.C. 2953.08(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 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. Walker · filed 2020-09-21(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 * * *.” State v. McGowan, 147 Ohio St.3d 166, 2016-Ohio-2971, 62 N.E.3d 178, ¶ 1.

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

State v. Delgros · filed 2020-09-21(G)(2)(b)

The appellate court reviewing a felony sentence “may vacate the sentence and remand the matter to the sentencing court for resentencing[,] * * * if it clearly and convincingly finds * * * the sentence is otherwise contrary to law.” ... The lifetime driver’s license suspension ordered by the trial court exceeds the prescribed ranges for class four and five suspensions and is, accordingly, contrary to law.

Section 2953.08(G)(2) requires meaningful appellate review of consecutive sentences and permits vacatur when the court clearly and convincingly finds a sentence contrary to law.

State v. Sanders · filed 2020-09-25(G)(2)

An appellate court must conduct a “meaningful review” of a trial court’s decision to impose consecutive sentences pursuant to R.C. 2953.08(G)(2). ... Upon review of the record, we clearly and convincingly find that the imposition of a consecutive sentence was contrary to law.

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

State v. Blazo · filed 2020-09-28(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) permits an appellate court to modify or vacate a felony sentence only if clear and convincing evidence shows that the record does not support the sentencing court's decision.

State v. Cox · filed 2020-09-29(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) allows an appellate court to modify or vacate a felony sentence only if it clearly and convincingly finds that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.

State v. McNear · filed 2020-09-30(G)(2)

An appellate court “may modify or vacate a felony sentence only if we clearly and convincingly find 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 consecutive sentences when it clearly and convincingly finds that the record does not support the required findings.

State v. Watson · filed 2020-09-30(G)(2)

Appellant correctly notes that, as an appellate court, we review sentencing challenges under R.C. 2953.08(G)(2). ... We cannot find by clear and convincing evidence that the record does not support the trial court’s findings relative to its imposition of consecutive sentences.

Section 2953.08(G)(2) permits an appellate court to find felony sentencing error 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. Fields · filed 2020-10-01(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 overturn consecutive sentences 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. Cobbledick · filed 2020-10-01(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 an appellate court to vacate or modify a felony sentence only if clear and convincing evidence shows that the record does not support the trial court’s findings under the relevant statutes or that the sentence is contrary to law.

State v. Jones · filed 2020-10-02(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 [of the case] does not support the trial court’s findings under the relevant statutes,” or that the sentence “is otherwise contrary to law.” 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 modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support the sentencing findings or that the sentence is contrary to law.

State v. Patterson · filed 2020-10-08(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)(b) permits an appellate court to modify a felony sentence if it clearly and convincingly finds that the sentence is otherwise contrary to law.

State v. Meadows · filed 2020-10-16(G)(2)(b)

Here, the statutory findings under R.C. 2953.08(G)(2)(a) are not relevant, thus appellant argues that his sentence is otherwise contrary to law under R.C. 2953.08(G)(2)(b). ... Therefore, we hold that appellant’s 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 only when it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Dillon · filed 2020-10-23(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 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. Bustos · filed 2020-10-23(G)(2)

Pursuant to the plain language of R.C. 2953.08(G)(2), this court may vacate or modify a defendant’s sentence only if we determine by clear and convincing evidence that: (1) that the record did not support the trial court’s findings under relevant statutes; or (2) that the sentence was otherwise contrary to law.

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

State v. Tyson · filed 2020-10-26(G)(2)

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

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

State v. Williams · filed 2020-10-28(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 trial court’s findings under relevant statutes or that the sentence is contrary to law.

Section 2953.08(G)(2) permits a reviewing court to modify 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. Brunson · filed 2020-10-29(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 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 contrary to law.

State v. Wallace · filed 2020-10-30(G)(2)

R.C. 2953.08(G)(2) establishes the standard of review for a felony sentence. Under the plain statutory language, “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 modify or vacate a felony sentence only when the record clearly and convincingly shows that specified findings lack support or that the sentence is otherwise contrary to law.

State v. Garner · filed 2020-10-30(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) allows an appellate court to disturb consecutive prison terms 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. Wasilewski · filed 2020-11-02(G)(2)

The standard of review for the imposition of consecutive prison terms is governed by R.C. 2953.08(G)(2). ... Given these facts in the record, we cannot clearly and convincingly conclude that the record does not contain evidence supporting the trial court’s findings.

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

State v. Kane · filed 2020-11-02(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 alter 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 contrary to law.

State v. Harris · filed 2020-09-24(G)(2)

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

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

State v. Boyd · filed 2020-11-05(G)(2)

Instead, R.C. 2953.08(G)(2) provides that appellate courts “may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if the reviewing court “clearly and convincingly” finds that (a) “the record does not support the sentencing court’s findings under [R.C. 2929.14(C)(4)],” or that (b) “the sentence is otherwise contrary to law.”

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

State v. Barnard · filed 2020-11-06(G)(2)

Pursuant to the plain language of R.C. 2953.08(G)(2), this court may vacate or modify [a defendant’s] sentence only if it determines by clear and convincing evidence that: (1) that the record did not support the trial court’s findings under relevant statutes; or (2) that the sentence was otherwise contrary to law. ... As counsel for Barnard recognizes, given Barnard’s criminal history and poor performance on probation, we cannot clearly and convincingly find that the record failed to support the trial court’s findings.

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

State v. Hutcherson · filed 2020-11-18(G)(2)

Before a reviewing court can modify or vacate a felony sentence, it must clearly and convincingly find that the sentence is contrary to law or that the record does not support the trial court’s findings.

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

State v. Morris · filed 2020-11-19(G)(2)

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

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

State v. Burnsworth · filed 2020-11-20(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.” Id., citing R.C. 2953.08(G)(2).

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

State v. Forsell · filed 2020-11-23(G)(2)

Our standard of review is governed by R.C. 2953.08(G)(2), which provides, in relevant part, that the court hearing an appeal “shall review the record, including the findings underlying the sentence or modification given by the sentencing court. The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing. * * * The appellate court may take any action authorized by this division if it clearly and convincingly finds * * * (a) That the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14 * * *.”

Section 2953.08(G)(2) requires an appellate court to find clearly and convincingly that the record does not support a felony sentence before modifying or vacating it on that ground.

State v. Tanner · filed 2020-11-25(G)(2)

We conclude that Tanner has not demonstrated that the record clearly and convincingly does not support the sentence imposed by the trial court.

Section 2953.08(G)(2)(a) 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. Wiley · filed 2020-11-25(G)(2)(a)

When reviewing the imposition of consecutive sentences, “R.C. 2953.08(G)(2)(a) directs the appellate court ‘to review the record, including the findings underlying the sentence’ and to modify or vacate the sentence ‘if it clearly and convincingly finds * * * [t]hat the record does not support the sentencing court’s findings under’” R.C. 2929.14(C)(4). ... There is nothing in the record, however, to support the trial court’s finding that Wiley’s criminal history demonstrated that consecutive sentences were necessary to protect the public from Wiley’s future crimes. ... The consecutive portion of Wiley’s sentence is vacated, leaving Wiley with a concurrent sentence of 12 months in prison.

Section 2953.08(G)(2) permits an appellate court to change 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. Smith · filed 2020-11-25(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: (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)(b) permits an appellate court to modify a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Clark · filed 2020-11-30(G)(2)(b)

The standard of review in a felony sentencing appeal is dictated by R.C. 2953.08(G). ... Accordingly, we find that the trial court fulfilled its statutory obligation under R.C. 2929.11 and 2929.12, and that the sentence imposed was not clearly and convincingly contrary to law.

Section 2953.08(G)(2)(a) limits when an appellate court may modify or vacate a felony sentence under a clear-and-convincing-evidence standard.

State v. Combs · filed 2020-12-02(G)(2)(a)

Pursuant to R.C. 2953.08(G)(2)(a), we may modify or vacate a felony sentence only if we clearly and convincingly find that the record does not support the trial court’s findings under relevant statutes 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 specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Shannon · filed 2020-12-03(G)(2)

An appellate court “may increase, reduce, or otherwise modify a sentence” or it “may vacate the sentence and remand the matter to the sentencing court for resentencing” if it “clearly and convincingly finds” that (1) the record does not support certain specified findings, including a sentencing court’s findings under R.C. 2929.14(C)(4), or (2) “the sentence is otherwise contrary to law.” ... There is nothing in the record before us that leads us to conclude that any of the trial court’s findings in support of the imposition of consecutive sentences is clearly and convincingly 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 the record does not support specified findings or that the sentence is contrary to law.

State v. Fields · filed 2020-12-04(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) permits an appellate court to vacate or modify a sentence only upon clear and convincing evidence that the record does not support it or that it is contrary to law.

State v. Eades · filed 2020-12-04(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)(b) permits an appellate court to vacate a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. McClellan · filed 2020-12-04(G)(2)(b)

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

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

State v. Maines · filed 2020-12-10(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, the appellate “shall review the record, including the findings underlying the sentence * * * given by the sentencing court” and that it “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 (1) “the record does not support the sentencing court’s findings” under particular statutory provisions that do not apply here 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 if clear and convincing evidence shows that the relevant findings lack record support or the sentence is contrary to law.

State v. Njideka · filed 2020-12-11(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.” 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) allows an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Bellomy · filed 2020-12-14(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 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. Willenbrink · filed 2020-12-16(G)(2)

Pursuant to R.C. 2953.08(G)(2), 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) does not permit an appellate court to reweigh the record and substitute its judgment for the trial court’s when reviewing a sentence under R.C. 2929.11 and 2929.12.

State v. Jones (Slip Opinion) · filed 2020-12-18(G)(2)

Nothing in R.C. 2953.08(G)(2) permits an appellate court to independently weigh the evidence in the record and substitute its judgment for that of the trial court concerning the sentence that best reflects compliance with R.C. 2929.11 and 2929.12.

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

State v. Williams · filed 2020-12-18(G)(2)

We review sentencing challenges under R.C. 2953.08(G)(2). ... Therefore, we find that imposition of these individual sentences is supported by the record and we further cannot find that these sentences are clearly and convincingly contrary to law.

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

State v. Wingate · filed 2020-12-21(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 Wingate’s sentence is unsupported by the record or that his sentence is otherwise contrary to law.

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

State v. Frost · filed 2020-12-28(G)(2)(a)

“On appeals involving the imposition of consecutive sentences, R.C. 2953.08(G)(2)(a) directs the appellate court to review the record, including the findings underlying the sentence, and to modify or vacate the sentence if it clearly and convincingly finds 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 modify or vacate a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is contrary to law.

State v. Roberts · filed 2020-12-15(G)(2)

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 sentence for a community control violation only upon clear and convincing evidence that the record does not support the trial court’s relevant findings or that the sentence is contrary to law.

State v. Betz · filed 2020-11-09(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 a felony sentence only 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. Green · filed 2021-01-08(G)(2)

Under that statute, an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either: (1) the record does not support the sentencing court’s findings under certain statutes (including R.C. 2929.14(C)(4), which concerns the imposition of consecutive sentences); or (2) the sentence is otherwise contrary to law.

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

State v. Jewell · filed 2021-01-11(G)(2)

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

Section 2953.08(G)(2) requires an appellate court reviewing consecutive sentences to examine the record, including the sentencing court’s findings, and permits modification or reversal if the court clearly and convincingly finds those findings unsupported or the sentence otherwise contrary to law.

State v. Davis · filed 2021-01-14(G)(2)

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

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 it under the relevant statutes or that it is otherwise contrary to law.

State v. Schwytzer · filed 2021-01-15(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 of the case does not warrant the sentence, pursuant to the relevant statutes, or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a felony sentence solely because the record does not support the sentence under R.C. 2929.11 and 2929.12; the court must determine whether the sentence is contrary to law.

State v. Dorsey · filed 2021-01-15(G)(2)(b)

As a result of the Supreme Court’s holding in Jones, when reviewing felony sentences that are imposed solely after considering the factors in R.C. 2929.11 and R.C. 2929.12, we shall no longer analyze whether those sentences are unsupported by the record. We simply must determine whether those sentences are contrary to law.

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

State v. Brickles · filed 2021-01-20(G)(2)

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

State v. White · filed 2021-01-21(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 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.