Ohio Rev. Code Ann. § 2953.08

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

State v. Miller · filed 2022-05-02(G)(2)

Thus, this court may increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is either contrary to law or unsupported by the record.

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

State v. Johnson · filed 2022-06-09(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, the appellate court “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.” ... The sentence is contrary to law. Thus, we vacate the sentence and remand the case to the trial court for resentencing.

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

State v. Freeman · filed 2022-06-13(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may 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 when it clearly and convincingly finds that the record does not support the relevant findings or that the sentence is otherwise contrary to law.

State v. Hornbuckle · filed 2022-06-14(G)(2)

However, the abuse of discretion standard does not apply here. ... “[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.” Id. at ¶ 1, applying R.C. 2953.08(G)(2).

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

State v. Rice · filed 2022-06-16(G)(2)

R.C. 2953.08 governs appeals claiming a violation of felony sentencing guidelines. ... The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... That the sentence is otherwise contrary to law. ... We have reviewed the record and found that the trial court fulfilled those requirements as it imposed the sentence, so we find no error.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a sentence if the record does not support findings under the enumerated statutes or the sentence is contrary to law.

State v. Tate · filed 2022-06-17(G)(2)

With regard to Tate's sentence, appellate review is governed by R.C. 2953.08(G)(2). Under that statute, we may vacate or modify a sentence only if the record does not support findings made under certain enumerated statutes or if the sentence is contrary to law.

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

State v. Davis · filed 2022-06-21(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 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 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. Jones · filed 2022-06-23(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)(b) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds the sentence otherwise contrary to law.

State v. McPheron · filed 2022-06-27(G)(2)(b)

Rather, “R.C. 2953.08(G)(2)(b) permits an appellate court to modify or vacate a sentence if it clearly and convincingly finds that the sentence is ‘otherwise contrary to law.’ ˮ Jones at ¶ 32. ... Further, McPheron has not demonstrated that her sentence is clearly and convincingly contrary to law.

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

State v. Sharp · filed 2022-06-30(G)(2)

Under 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 that either the record does not support the sentencing court’s findings as required by relevant sentencing statutes, or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) does not permit an appellate court to reweigh a trial court’s consideration of R.C. 2929.11 and 2929.12 to modify a felony sentence.

State v. Szozda · filed 2022-06-30(G)(2)

As referenced above, recent Ohio Supreme Court decisions establish that appellate courts may not dispute a trial court’s R.C. 2929.11 and R.C. 2929.12 considerations, so as to then arguably warrant a felony sentence modification pursuant to R.C. 2953.08(G)(2).

Section 2953.08(G)(2)(b) does not permit an appellate court to modify or vacate a felony sentence because it views the sentence as unsupported by the record under R.C. 2929.11 and 2929.12.

State v. Thompson · filed 2022-07-01(G)(2)(b)

The Ohio Supreme Court has stated that R.C. 2953.08(G)(2)(b) “does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.” State v. Jones, 163 Ohio St.3d 242, 2020-Ohio-6729, 169 N.E.3d 649, ¶ 39. ... Thompson’s argument that his sentence is not supported by the record under R.C. 2929.11 and R.C. 2929.12 is precluded by Jones.

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

State v. Jarmon · filed 2022-07-05(G)(2)

An appellate court may modify or vacate a sentence if it clearly and convincingly finds either that "the record does not support the sentencing court's findings under" certain specified statutory provisions or that "the sentence is otherwise contrary to law." R.C. 2953.08(G)(2)(a) and (b).

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

State v. McNear · filed 2022-07-07(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) allows 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. Lewis · filed 2022-07-07(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce or otherwise modify a sentence, or it may vacate a sentence and remand for resentencing, if it “clearly and convincingly finds” that (1) 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 (2) 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 otherwise contrary to law.

State v. Stires · filed 2022-07-07(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 change or vacate a felony sentence only if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Earnest · filed 2022-07-08(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) 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 felony sentence when it clearly and convincingly finds that required sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Owens · filed 2022-07-14(G)(2)

Under 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 as required by certain sentencing statutes,1 or 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 merely because it finds the record does not support the trial court’s consideration of R.C. 2929.11 and 2929.12.

State v. Standifer · filed 2022-07-15(G)(2)(b)

“In Jones, the court held that ‘R.C. 2953.08(G)(2)(b) * * * does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.’ ” ... Here, Standifer’s sentence, while the maximum, was within the statutory range for the crime.

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

State v. Shabaa · filed 2022-07-15(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) does not permit an appellate court to independently reweigh the evidence to decide whether a felony sentence reflects the factors in R.C. 2929.11 and 2929.12.

State v. Bertram · filed 2022-07-15(G)(2)

We additionally observe that “[n]othing 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) 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. Depinet · filed 2022-07-18(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may 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 upon a clear and convincing finding that the record does not support the sentencing findings or that the sentence is otherwise contrary to law.

State v. Powell · filed 2022-07-21(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)(b) does not allow an appellate court to modify or vacate a felony sentence merely because it finds the sentence unsupported by the record under R.C. 2929.11 and 2929.12.

State v. Gatewood · filed 2022-07-22(G)(2)(b)

“In Jones, the court held that ‘R.C. 2953.08(G)(2)(b) * * * does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.’ ” ... We simply must determine whether those sentences are contrary to law.”

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

State v. Galinari · filed 2022-07-27(G)(2)

This court may modify or vacate a trial court’s decision to impose consecutive sentences if we clearly and convincingly find that “the record does not support the sentencing court’s findings” under R.C. 2929.14 or “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 change a felony sentence when it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Shaffer · filed 2022-06-13(G)(2)

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

Section 2953.08(G)(2)(b) permits a felony sentence to be challenged as contrary to law when no challenge is made under division (G)(2)(a).

State v. Adcock · filed 2022-07-22(G)(2)(b)

Adcock does not complain that his sentence violated R.C. 2953.08(G)(2)(a). This leaves R.C. 2953.08(G)(2)(b) as the only basis for challenging his sentence.

Section 2953.08(G)(2) sets the standard for appellate review of felony sentences: whether a sentence is clearly and convincingly contrary to law.

State v. Pearce · filed 2022-08-01(G)(2)

This court reviews felony sentences pursuant to the standard of review set forth in R.C. 2953.08(G)(2) to determine whether the imposition of those sentences is clearly and convincingly contrary to law.

Section 2953.08(G)(2) 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. Lee · filed 2022-08-01(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may 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)(b) does not allow an appellate court to modify or vacate a sentence merely because it disagrees with how the trial court weighed the factors in sections 2929.11 and 2929.12.

State v. Chandler · filed 2022-08-01(G)(2)(b)

R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.

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

State v. Dagley · filed 2022-08-04(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) the record does not support certain specified findings, or (2) the sentence imposed is contrary to law. ... The sentence imposed is within the statutory range and a review of the record supports that the trial court considered the purposes and principles of felony sentencing under R.C. 2929.11 and 2929.12.

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 trial court’s statutory findings or that the sentence is contrary to law.

State v. Meyer · filed 2022-08-05(G)(2)

We review felony sentences pursuant to R.C. 2953.08(G)(2), which allows us to increase, reduce, or otherwise modify a sentence, or vacate and remand the matter for resentencing, if we clearly and convincingly find that either the record does not support the trial court’s statutory findings or the sentence is contrary to law.

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

State v. Woolf · filed 2022-08-18(G)(2)

Under R.C. 2953.08(G)(2), an appellate court “may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter * * * for sentencing.” Id. However, the court must first “clearly and convincingly” find that (1) certain statutory sentencing requirements are not supported in the record or (2) “that the sentence is contrary to law.” Id. ... The trial court’s sentence was supported by the record. There is no evidence under R.C. 2953.08(G)(2) that would support a modification of the sentence.

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

State v. Williams · filed 2022-08-19(G)(2)

In accordance with 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 enumerated statutes (including R.C. 2929.14(C)(4), which concerns the imposition of consecutive sentences); or (2) the sentence is otherwise contrary to law.

Under § 2953.08(G)(2)(b), appellate review of a felony sentence imposed after consideration of R.C. 2929.11 and 2929.12 asks whether the sentence is contrary to law.

State v. Evans · filed 2022-08-19(G)(2)(b)

We also stressed in Dorsey that “[a]s 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.” Dorsey at ¶ 18. ... Here, Evans’ sentence, while the maximum, was within the statutory range for the crime. ... Further, the trial court did not fail to consider the matters set forth in R.C. 2929.11 and R.C. 2929.12.

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

State v. Gardner · filed 2022-08-26(G)(2)

Under that statute, an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under certain enumerated statutes or that the sentence is otherwise contrary to law.

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

State v. Rolf · filed 2022-08-31(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 clear and convincing evidence shows that the record does not support the sentencing findings or that the sentence is contrary to law.

State v. Oder · filed 2022-08-31(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 consecutive sentence if it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Miller · filed 2022-09-02(G)(2)

When reviewing the imposition of consecutive sentences, an appellate court may increase, reduce, or otherwise modify a sentence, or vacate it all together and remand for resentencing, if it clearly and convincingly finds either (1) “the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14 * * * of the Revised Code,” or (2) “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 modify or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or the sentence is contrary to law.

State v. Crawford · filed 2022-09-07(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) requires an appellate court to modify or vacate consecutive felony sentences when it clearly and convincingly finds that the record does not support the relevant statutory findings.

State v. Carstaphen · filed 2022-09-08(G)(2)

R.C. 2953.08(G)(2), which guides our review of consecutive felony sentences, “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 * * * (C)(4) of section 2929.14[.]”

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

State v. Burnette · filed 2022-09-16(G)(2)

Under that statute, we may increase, reduce, or modify a sentence, or vacate it altogether and remand for resentencing, if we clearly and convincingly find that the record fails to support certain specified findings or that the sentence is contrary to law.

Section 2953.08(G) supplies the standard for reviewing felony sentences, including whether a sentence is contrary to law.

State v. Wilcox · filed 2022-09-16(G)(2)(b)

This court utilizes R.C. 2953.08(G) as the standard of review in all felony sentencing appeals. ... Accordingly, because the trial court had full discretion to impose any sentence within the authorized statutory range, and Appellant’s 12-month maximum term is within the authorized statutory range for a fifth-degree felony, his sentence is not contrary to law.

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

State v. Johnson · filed 2022-09-19(G)(2)

... §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), §2929.13(B)(2)(e) or (C)(4), or §2929.20(I) or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) does not permit an appellate court to modify or vacate a felony sentence merely because it finds the record does not support the trial court’s consideration of R.C. 2929.11 and 2929.12.

State v. Moore · filed 2022-09-30(G)(2)

In Jones, the Supreme Court also confirmed that R.C. 2953.08(G)(2)(b) does not provide a mechanism for an appellate court to modify or vacate a felony sentence based upon a finding that the sentence is “contrary to law” because it clearly and convincingly is not supported by the record under R.C. 2929.11 and R.C. 2929.12. ... Under Jones, this ends the inquiry regarding the individual and aggregate sentences.

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

State v. Fowler · filed 2022-09-30(G)(2)

We review challenges to felony sentencing under R.C. 2953.08(G)(2), which allows us to increase, reduce, or modify a sentence, or vacate the sentence and remand the case for resentencing, only if we clearly and convincingly find either (1) that the record does not support the trial court’s findings under certain statutory sections not applicable here, or (2) “the sentence is otherwise contrary to law.” R.C. 2953.02(G)(2)(a)-(b).

Section 2953.08(G)(2) does not permit an appellate court to modify or vacate a sentence based on its view that the sentence lacks support under R.C. 2929.11 and 2929.12.

State v. Jendrusik · filed 2022-09-30(G)(2)

In fact, the Ohio Supreme Court has explicitly held “R.C. 2953.08(G)(2) does not allow an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.” State v. Bryant, __ Ohio St.3d. __, 2022-Ohio-1878, __ N.E. 3d.__, ¶ 22 citing State v. Jones, 163 Ohio St.3d 242, 2020-Ohio-6729, 169 N.E.3d 649, ¶ 31, 39.

Section 2953.08(G)(2) permits an appellate court to vacate a felony sentence and remand for sentencing when the sentence is contrary to law.

State v. Bobo · filed 2022-10-06(G)(2)

Under R.C. 2953.08(G)(2), an appellate court “may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter * * * for sentencing” when a) the record does not show that the requirements of particular sentencing statutes were met or b) “that the sentence was contrary to law.”

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

State v. Bucey · filed 2022-10-07(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). Under that statute, an appellate court may increase, reduce, or modify a sentence, or vacate it all together and remand for resentencing, if it “clearly and convincingly finds either (1) the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.” State v. Worthen, 2d Dist. Montgomery No. 29043, 2021-Ohio-2788, ¶ 13.

Section 2953.08(G)(2) does not authorize an appellate court to modify or vacate a felony sentence when the trial court considered the applicable sentencing statutes, the sentence is within the authorized range, and it is not otherwise contrary to law.

State v. Thompson · filed 2022-10-11(G)(2)

In our review of the matter, we stress that under State v. Jones, 163 Ohio St.3d 242, 2020-Ohio-6729, and R.C. 2953.08(G)(2), this court has no authority to modify or vacate a sentence where the trial court has considered the appropriate sentencing statutes, the sentence is within the authorized sentencing range, and the sentence is not otherwise contrary to law.

Section 2953.08(G)(2) does not allow an appellate court to vacate or modify a sentence because it finds the sentence unsupported by the record under R.C. 2929.11 and 2929.12.

State v. Mofford · filed 2022-10-11(G)(2)

Accordingly, even if we were to agree with Mofford that his sentence is not supported by the record under R.C. 2929.11 and 2929.12, we could not vacate or modify his sentence on that basis.

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

State v. Clinger · filed 2022-10-17(G)(2)

R.C. 2953.08(G)(2) states that an appellate court may vacate or modify a felony 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." Id. at ¶ 1.

Section 2953.08(G)(2)(a) requires an appellate court to uphold a sentence unless clear and convincing evidence shows that the record does not support the trial court’s required consecutive sentencing findings.

State v. Carter · filed 2022-10-19(G)(2)(a)

As set out above, we must uphold appellant’s sentences unless the evidence clearly and convincingly does not support the trial court's findings under R.C. 2929.14(C)(4). R.C. 2953.08(G)(2)(a); Jones, 2020-Ohio-6729, at ¶ 28; Marcum, 2016-Ohio-1002, at ¶ 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 requirements lack record support or that the sentence is contrary to law.

State v. Brown · filed 2022-10-20(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.” Id. However, the court must first “clearly and convincingly” find that (1) certain statutory sentencing requirements are not supported in the record or (2) that the sentence is contrary to law. ... Accordingly, we sustain Brown’s assignment of error and find that his sentence was contrary to law.

Section 2953.08(G)(2) does not permit an appellate court to reweigh the evidence and substitute its judgment about a sentence’s compliance with R.C. 2929.11 and 2929.12.

State v. Ross · filed 2022-10-20(G)(2)

The Jones Court did not overrule Marcum but clarified dicta to reflect that “[n]othing 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.” Jones, supra, at ¶ 42. ... Pursuant to Marcum as clarified by Jones, the trial court did not err in sentencing appellant.

Section 2953.08(G)(2) does not authorize an appellate court to reverse a sentence because the record does not support the trial court’s application of R.C. 2929.11 and 2929.12.

State v. Bolin · filed 2022-10-24(G)(2)

This Court has no authority under R.C. 2953.08(G)(2) to reverse the sentence on the grounds that the record does not support the trial court’s application of R.C. 2929.11 and 2929.12.

Section 2953.08(G)(2) permits an appellate court to overturn 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. Mitchell · filed 2022-10-27(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 change a felony sentence only when it clearly and convincingly finds that the record does not support the specified findings or that the sentence is otherwise contrary to law.

State v. Klink · filed 2022-10-28(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; or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) permits an appellate court to modify or vacate a sentence when it clearly and convincingly finds that the sentence is contrary to law because required consecutive-sentence findings were omitted.

State v. Mills · filed 2022-10-31(G)(2)(b)

“The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * if it clearly and convincingly finds * * * that the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(b). A sentence is contrary to law when the court fails to make the required findings for consecutive sentences.

Section 2953.08(G)(2) permits an appellate court to reverse a 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. Godsey · filed 2022-10-31(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may 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 sentencing findings lack record support or that the sentence is contrary to law.

State v. Walsh · filed 2022-10-31(G)(2)

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

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

State v. Hoskin · filed 2022-11-03(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 * * * (C)(4) of section 2929.14 * * * ” or (2) “the sentence is otherwise contrary to law,” then we may conclude that the court erred in sentencing.

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a felony sentence merely because the record does not support it under the factors in R.C. 2929.11 and 2929.12.

State v. Barker · filed 2022-11-04(G)(2)(b)

In Jones, the Supreme Court also confirmed that R.C. 2953.08(G)(2)(b) does not provide a mechanism for an appellate court to modify or vacate a felony sentence based upon a finding that the sentence is “contrary to law” because it clearly and convincingly is not supported by the record under R.C. 2929.11 and R.C. 2929.12. ... Therefore, Barker cannot demonstrate that his sentence was clearly and convincingly contrary to law, and his sentence must be affirmed.

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

State v. Lefkowitz · filed 2022-11-14(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) does not permit an appellate court to vacate a sentence by reweighing the R.C. 2929.12 factors or finding insufficient record support for them.

State v. Boykin · filed 2022-09-30(G)(2)

“The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * if it clearly and convincingly finds * * * [t]hat the record does not support the sentencing court's findings under division * * * (C)(4) of section 2929.14, or * * * [t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(a) and (b). ... Thus, to the extent appellant asserts the trial court’s findings under the R.C. 2929.12 factors were unsupported by the record and/or it failed to give sufficient weight to those factors, his arguments lack merit.

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

State v. Goins · filed 2022-10-18(G)(2)

This court reviews felony sentences using the standard of review set forth in R.C. 2953.08.

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

State v. Zerkle · filed 2022-10-14(G)(2)

In reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2), rather than an abuse of discretion standard as ... urged by Zerkle.

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

State v. Viers · filed 2022-11-17(G)(2)

Pursuant to R.C. 2953.08(G)(2), 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), or the sentence is otherwise contrary to law.

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

State v. Rogers · filed 2022-11-18(G)(2)

R.C. 2953.08(G)(2) allows us to “increase, reduce, or otherwise modify a sentence,” or “vacate the sentence and remand the matter to the sentencing court for resentencing” if we clearly and convincingly find either “(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 vacate a felony sentence when clear and convincing evidence shows that the sentence is contrary to law.

State v. Volz · filed 2022-11-21(G)(2)

R.C. 2953.08(G)(2) states that an appellate court may modify or vacate a sentence if the 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 reverse and remand a felony sentence when it clearly and convincingly finds the sentence contrary to law.

State v. Jones · filed 2022-11-23(G)(2)

Where a sentence is contrary to law, an appellate court may “increase, reduce, or otherwise modify a sentence” “or may vacate the sentence and remand the matter * * * for resentencing” if it “clearly and convincingly finds” “the sentence is contrary to law.” ... Based on the record before this court, we clearly and convincingly find that the imposition of consecutive sentences is contrary to law in this case. We hereby reverse the trial court’s finding of consecutive sentences and remand to the trial court to modify the sentence accordingly.

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

State v. Haruyama · filed 2022-11-28(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, which are not at issue in this appeal, or that the sentence is otherwise contrary to law.

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

State v. Newman · filed 2022-11-28(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 in otherwise contrary to law.” R.C. §2953.08(G)(2)(a)-(b).

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

State v. Liddy · filed 2022-11-30(G)(2)

The standard of review for an appeal of a felony sentence is governed by R.C. 2953.08(G)(2). ... Since the trial court did not make statutory findings pursuant to R.C. 2929.14(C)(4), the trial court’s imposition of a consecutive sentence is clearly and convincingly contrary to law.

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. Garcia-Rodriguez · filed 2022-12-01(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).

Section 2953.08(G)(2) permits appellate review of whether a felony sentence is contrary to law because the sentencing court relied on impermissible considerations.

State v. Perrin · filed 2022-12-02(G)(2)

The court reviews criminal sentences under R.C. 2953.08(G)(2) which allows us to “increase, reduce, or otherwise modify a sentence,” or “vacate the sentence and remand the matter to the sentencing court for resentencing” if we clearly and convincingly find either “(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.” ... After careful review of the record, we find no “impermissible considerations” of the nature espoused in Bryant, supra. Appellant’s sentence is not contrary to law and, accordingly, appellant’s first assignment of error is not well-taken.

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

State v. Smith · filed 2022-12-08(G)(2)(a) and (b)

Under R.C. 2953.08(G)(2)(a) and (b), an appellate court “may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter * * * for resentencing” if it “clearly and convincingly” finds “[t]hat the record does not support the sentencing court’s findings under * * * division (B)(2)(e) or (C)(4) of section 2929.14” or “[t]hat the sentence is otherwise contrary to law.”

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

State v. Joseph · filed 2022-12-08(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(D)(3) bars review of aggravated murder and murder sentences under that section, but does not bar appellate review of a constitutional challenge to such a sentence.

State v. Nelson · filed 2022-12-13(D)(3)

Appellant correctly asserts that R.C. 2953.08(D) governs review of felony sentencing and prevents appellate review of sentences for aggravated murder under that statutory section. ... Therefore, R.C. 2953.08(D)(3) does not preclude an appellate court's review of a constitutional challenge to a sentence for aggravated murder or murder.

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. Morgan · filed 2022-12-15(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 vacate a felony sentence and remand for resentencing when it clearly and convincingly finds that the sentence is contrary to law.

State v. Malcolm · filed 2022-12-27(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 an appellate court reviewing a felony sentence to examine the record, including the findings underlying the sentence.

State v. Nelson · filed 2022-12-02(G)(2)

We review challenges to felony sentencing under R.C. 2953.08(G)(2), which provides that, the court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by the sentencing court.

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

State v. Lowe · filed 2022-12-12(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 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) supplies the standard of review for appellate review of felony sentences.

State v. Johnson · filed 2022-12-22(G)

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

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

State v. Boulware · filed 2023-01-20(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). Under that statute, an appellate court may increase, reduce, or modify a sentence, or vacate it all together and remand for resentencing, if it “clearly and convincingly finds either (1) the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.”

Section 2953.08(G)(2) requires a record to clearly and convincingly establish that the sentencing court’s findings are unsupported before an appellate court may alter a felony sentence on that ground.

State v. Alliman · filed 2023-01-25(G)(2)

Our review of felony sentences is governed by R.C. 2953.08(G)(2). ... In reviewing the record, we do not find that it clearly and convincingly establishes that the trial court’s findings were unsupported.

Section 2953.08(G)(2) permits an appellate court to alter or vacate 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. Grays · filed 2023-01-26(G)(2)

When reviewing felony sentences, appellate courts must 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, ¶ 7. 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, or (2) the sentence is otherwise contrary to law. Id. at ¶ 9, citing R.C. 2953.08(G)(2).

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

State v. Amero · filed 2023-02-06(G)(2)

However, we clearly and convincingly find that the record lacks an evidentiary basis to fully support the trial court’s findings. ... As the record, which was not supplemented by the trial court with any victim statements or additional evidence, does not support consecutive sentencing findings, we modify Amero’s sentence to two concurrent terms of five years in prison for Sexual Battery, served with the concurrent term imposed for Sexual Imposition, for an aggregate five-year prison sentence.

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

State v. Angers · filed 2023-02-09(G)(2)

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.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1.

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

State v. Wainwright · filed 2023-02-10(G)(2)

R.C. 2953.08(G)(2) directs that an appellate court may increase, reduce, modify, or vacate and remand a disputed felony sentence if it clearly and convincingly finds either that the record does not support applicable statutory findings or that the sentence is otherwise contrary to law. ... On consideration whereof, we find that appellant has failed to clearly and convincingly establish that the record does not support the trial court’s R.C. 2929.13(B) findings or that the sentence is otherwise contrary to law.

Section 2953.08(G) 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. Smith · filed 2023-02-17(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). Under that statute, an appellate court may increase, reduce, or modify a sentence, or vacate it altogether and remand for resentencing, if it “clearly and convincingly finds either (1) 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 overturn consecutive felony sentences if it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Tolbert · filed 2023-02-23(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.” ... We further find that the record clearly and convincingly supports the court’s findings.

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

State v. Pierce · filed 2023-02-23(G)(2)

Under 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 as required by certain sentencing statutes, or 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 sentencing findings lack record support or the sentence is otherwise contrary to law.

State v. Clay · filed 2023-02-23(G)(2)

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

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

State v. Chislton · filed 2023-02-23(G)(2)(a)

“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.’” ... After a review of the record, we determine that the trial court complied with the necessary statutory findings to impose consecutive sentences.

Section 2953.08(G)(2) does not permit an appellate court to vacate or modify a sentence solely because the record does not support it under R.C. 2929.11 and 2929.12.

State v. Taylor · filed 2023-02-27(G)(2)

Accordingly, insofar as Taylor argues that his sentences are not supported by the record under R.C. 2929.11 and 2929.12, we cannot vacate or modify his sentences on that basis.

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. Tatum · filed 2023-03-01(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 reversal of consecutive sentencing findings when the appellate court clearly and convincingly finds that the record does not support them.

State v. Tillis · filed 2023-03-06(G)(2)

To reverse the consecutive sentencing findings, this court must clearly and convincingly find they are unsupported by the record.

Section 2953.08(G)(2) permits an appellate court to reverse 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. Kipker · filed 2023-03-06(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 change or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Mayle · filed 2023-03-06(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. ... After reviewing the record we find that the sentence imposed by the trial court is not clearly and convincingly unsupported by the record and neither is it otherwise contrary to law.

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

State v. Allen · filed 2023-03-09(G)(2)

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

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

State v. Taylor · filed 2023-03-10(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 enumerated statutes, or (2) the sentence is otherwise contrary to law.”

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

State v. Laraby · filed 2023-03-10(G)(2)(a)

Upon our de novo review, we cannot clearly and convincingly find that the record does not support the trial court’s findings.

Section 2953.08(G)(2) does not permit an appellate court to vacate or modify a sentence solely because the record does not support it under R.C. 2929.11 and 2929.12.

State v. Whitaker · filed 2023-03-13(G)(2)

Accordingly, even if we were to agree with Whitaker that her sentence is not supported by the record under R.C. 2929.11 and 2929.12, we could not vacate or modify her sentence on that basis.

Section 2953.08(G)(2)(b) provides for review of a felony sentence to determine whether it is contrary to law.

State v. Wilson · filed 2023-03-15(G)(2)(b)

Therefore, we review appellant's sentence pursuant to R.C. 2953.08(G)(2)(b) to determine whether it is contrary to law.

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a felony sentence because it finds the record does not support the sentence under R.C. 2929.11 or 2929.12.

State v. Rosemond · filed 2023-03-17(G)(2)(b)

However, R.C. 2953.08(G)(2)(b) “does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 or 2929.12.” State v. Jones, 163 Ohio St.3d 242, 2020-Ohio-6729, 169 N.E.3d 649, ¶ 39.

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

State v. Hisel · filed 2023-03-17(G)(2)

“When reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2),” State v. Small, 2d Dist. Clark No. 2021-CA-30, 2022-Ohio-636, ¶ 7, citing State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 7. “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 enumerated statutes, or (2) the sentence is otherwise contrary to law.” Id., citing Marcum at ¶ 9.

Section 2953.08(G)(2) permits an appellate court to alter 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. Palmer · filed 2023-03-20(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)(b) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Meeks · filed 2023-03-27(G)(2)(b)

In hearing an appeal of felony sentences, the appellate court reviews the record and “may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand * * * if it clearly and convincingly finds * * * [t]hat the sentence is * * * contrary to law.” R.C. 2953.08(G)(2)(b).

Section 2953.08(G)(2) allows 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. Rudolph · filed 2023-03-30(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may increase, reduce or otherwise modify a sentence, or it may vacate a sentence and remand for resentencing, if it “clearly and convincingly finds” that (1) 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), “whichever, if any, is relevant,” or (2) the sentence is “otherwise contrary to law.”

Section 2953.08(G)(2)(a) requires an appellate court reviewing consecutive sentences to assess whether the evidence adequately supports the trial court’s findings.

State v. Mitchell · filed 2023-03-30(G)(2)(a)

The second requirement under R.C. 2953.08(G)(2)(a) is that whatever evidentiary basis there is, it be adequate to fully support the trial court’s consecutive-sentence findings. This requires the appellate court to focus on both the quantity and quality of the evidence in the record that either supports or contradicts the consecutive sentence findings. ... We cannot say that there is clear and convincing evidence that the record does not support the specific findings made by the trial court to impose one consecutive sentence, under R.C. 2929.14(C)(4).

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

State v. Mims · filed 2023-03-30(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 (1) the record does not support certain of the sentencing court’s findings or (2) the sentence is “otherwise contrary to law.” ... Because the trial court’s application of jail-time credit was contrary to law, we sustain the state’s assignment of error.

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. Miller · filed 2023-04-06(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, or (2) the sentence is otherwise contrary to law. ... After careful consideration, we agree with Miller’s contention that the sentence imposed on Count 4 is clearly and convincingly contrary to law.

Section 2953.08(G)(2) governs appellate review of felony sentences; a sentence within the statutory range is not clearly and convincingly contrary to law when the trial court considered R.C. 2929.11 and 2929.12.

State v. Seals · filed 2023-04-17(G)(2)

This Court reviews felony sentences using the standard of review set forth in R.C. §2953.08. ... Therefore, we find the sentence is not clearly and convincingly contrary to law. The sentence is within the statutory range, and the trial court considered the principles set forth in R.C. §2929.11 and factors listed in R.C. §2929.12.

Section 2953.08(G)(2) requires an appellate court to modify or vacate consecutive sentences if it clearly and convincingly finds that the record does not support even one required finding.

State v. Carbaugh · filed 2023-04-18(G)(2)

If even one of the consecutive-sentence findings is found not to be supported by the record under the clear-and-convincing standard provided by R.C. 2953.08(G)(2), then the trial court’s order of consecutive sentences must be either modified or vacated by the appellate court.

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a sentence because it believes the record does not support the sentence under R.C. 2929.11 and 2929.12.

State v. Elkins · filed 2023-04-26(G)(2)(b)

R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.

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 otherwise contrary to law.

State v. Johnson · filed 2023-04-27(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 (1) the record does not support particular findings the sentencing court made or (2) the sentence is “otherwise contrary to law.”

Section 2953.08(G)(2)(b) does not let an appellate court modify or vacate a sentence based on its own assessment of whether the record supports the sentence under sections 2929.11 and 2929.12.

State v. Cottrell · filed 2023-04-27(G)(2)(b)

As stated by the Supreme Court of Ohio, R.C. 2953.08(G)(2)(b) "does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12."

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

State v. Martin · filed 2023-04-28(G)(2)

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

A felony sentence is contrary to law under this section when the trial court fails to implement a mandatory sentencing requirement.

State v. Latapie · filed 2023-04-28(G)(2)(b)

In reviewing a felony sentence, a court of appeals applies the standard of review outlined in R.C. 2953.08(G)(2). ... A sentence is contrary to law if the trial court has failed to implement a mandatory sentencing requirement.

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

State v. Crawley · filed 2023-05-04(G)(2)(b)

Pursuant to R.C. 2953.08(G)(2)(b), we may “increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if we “clearly and convincingly find” that the sentence is contrary to law.

Section 2953.08(D)(3) bars appellate sentencing review of aggravated murder and murder sentences under that section but allows appeals on other grounds.

State v. Beasley · filed 2023-05-08(D)(3)

While R.C. 2953.08(D)(3) does not permit appellate sentencing review, it does not preclude an appeal of a sentence for aggravated murder or murder which is based on other grounds.

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

State v. McCoy · filed 2023-05-08(G)(2)(b)

R.C. 2953.08(G) governs our review of felony sentences, and provides, in relevant part, that after an appellate court’s review of the record, and it “may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand * * * if it clearly and convincingly finds * * * [t]hat the sentence is * * * contrary to law.” R.C. 2953.08(G)(2)(b); State v. Meeks, 11th Dist. Ashtabula No. 2022-A-0060, 2023-Ohio-988, ¶ 11.

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

State v. Vaughn · filed 2023-05-10(G)(2)

This Court may modify or vacate a felony 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. See also R.C. 2953.08(G)(2). ... Accordingly, without the context that the report would provide, this Court cannot determine that there is clear and convincing evidence in the record that Mr. Vaughn’s sentence is contrary to law.

Section 2953.08(G)(2) allows 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. Riddle · filed 2023-05-11(G)(2)

Accordingly, pursuant to R.C. 2953.08(G)(2), we do not clearly and convincingly find that the record does not support the consecutive-sentence findings made by the trial court.

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

State v. Smith · filed 2023-05-15(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may reverse or modify 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, 59 N.E.3d 1231, ¶ 1; State v. Crose, 3d Dist. Crawford No. 3-22-34, 2023-Ohio-880, ¶ 17.

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

State v. Lake · filed 2023-05-15(G)(2)

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

State v. Williams · filed 2023-05-15(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) does not authorize an appellate court to modify or vacate a sentence because the record does not support findings under R.C. 2929.11 and 2929.12.

State v. Iverson · filed 2023-05-15(G)(2)

As such, we lack the authority to modify or vacate Iverson's sentence based on Iverson's argument that the record did not support the trial court's findings under R.C. 2929.11 and 2929.12.

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

State v. Harris · filed 2023-05-26(G)(2)(a)

Where a defendant challenges a trial court’s consecutive-sentence findings, “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 division * * * (C)(4) of section 2929.14 * * * of the Revised Code.’” Bonnell at ¶ 28, quoting R.C. 2953.08(G)(2)(a).

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. Frantz · filed 2023-06-02(G)(2)

Pursuant to 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; or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a sentence merely because it views the sentence as unsupported by the record under R.C. 2929.11 and 2929.12.

State v. Williams · filed 2023-06-07(G)(2)(b)

R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.

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

State v. Roby · filed 2023-06-08(G)(2)

Under 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 as required by certain sentencing statutes, or the sentence is “otherwise contrary to law.” ... Accordingly, the trial court’s imposition of maximum sentences was not contrary to law.

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

State v. Stickney · filed 2023-06-09(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 enumerated 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 disturb a consecutive sentence when it clearly and convincingly finds that the record does not support the required sentencing findings.

State v. Spangler · filed 2023-06-09(G)(2)

Therefore, we do not clearly and convincingly find that the record does not support the trial court's findings it made pursuant to R.C. 2929.14(C)(4) that are required for consecutive sentences.

Section 2953.08(G)(2) does not authorize an appellate court to decide whether the record supports a maximum sentence under the sentencing factors in Sections 2929.11 and 2929.12.

State v. McKnight · filed 2023-06-12(G)(2)

Section 2953.08(G)(2), however, does not authorize this Court to consider whether the maximum sentences are supported by the record.

Section 2953.08(G)(2) permits reversal of a sentence for actual vindictiveness when the appellate court clearly and convincingly finds the sentence contrary to law.

State v. Long · filed 2023-06-13(G)(2)

In State v. Rahab, 150 Ohio St.3d 152, 2017-Ohio-1401, the Supreme Court set forth the standard for determining whether a sentence imposed by a trial court resulted from actual vindictiveness: ... We will reverse the sentence only if we clearly and convincingly find the sentence is contrary to law because it was imposed as a result of actual vindictiveness on the part of the trial court. See R.C. 2953.08(G)(2); State v. Marcum, 146 Ohio St.3d 516, 2016- Ohio-1002, 59 N.E. 3d 1231, ¶ 1.

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

State v. Johnson · filed 2023-06-16(G)(2)(a)

To modify or vacate consecutive sentences under R.C. 2953.08(G)(2)(a), we must clearly and convincingly find that the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4).

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

State v. Ingram · filed 2023-06-16(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 enumerated 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)(b) does not allow an appellate court to modify or vacate a sentence merely because it views the sentence as unsupported under R.C. 2929.11 and 2929.12.

State v. Nickelson · filed 2023-06-26(G)(2)(b)

R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under 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 the record does not support mandatory sentencing findings or the sentence is otherwise contrary to law.

State v. Collier-Green · filed 2023-06-28(G)(2)

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

Section 2953.08(G)(2) does not permit an appellate court to modify or vacate a sentence because it finds the record does not support the sentence under sections 2929.11 and 2929.12.

State v. Wood · filed 2023-07-17(G)(2)

Accordingly, even if we were to agree with Wood that his sentence is not supported by the record under R.C. 2929.11 and 2929.12, which we do not, we could not vacate or modify his sentence on that basis.

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

State v. Conn · filed 2023-07-27(G)(2)

Because the trial court failed to make all the requisite findings under R.C. 2929.14(C)(4) at the sentencing hearing, we clearly and convincingly find that the order of consecutive sentences is contrary to law. See Brickles, 4th Dist. Pickaway No. 19CA16, 2021-Ohio-178, at ¶ 9, 11. Accordingly, we sustain the first assignment of error, vacate Conn’s sentence for his obstructing official business convictions, and remand the case for the limited purpose of resentencing him on those convictions.

Section 2953.08(G)(2) governs appellate review of consecutive sentences by requiring review of the trial court’s statutory findings against the record.

State v. Sprouse · filed 2023-08-25(G)(2)

If the findings have been made, appellate review of consecutive sentences under R.C. 2953.08(G)(2), requires that the court consider only the R.C. 2929.14(C)(4) findings actually made by the trial court, the court then determines whether clear and convincing evidence supports the findings, and finally, whether the findings are supported by the record.