Ohio Rev. Code Ann. § 2953.08

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 contrary to law.

State v. Smith · filed 2023-08-28(G)(2)

Pursuant to 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. Runion, 3d Dist. Wyandot No. 16-22-07, 2023-Ohio-254, ¶ 7, quoting State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1.

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 R.C. 2929.11 and 2929.12.

State v. Collins · filed 2023-08-28(G)(2)

Accordingly, even if we were to agree with Collins 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) governs appellate review of felony sentences and permits relief when a sentence is contrary to law.

State v. Barnett · filed 2023-08-29(G)(2)

The appellate standard of review for felony-sentencing is governed by R.C. 2953.08(G)(2). ... Appellant’s sentence does not violate R.C. 2929.15(B)(1) and is thus not contrary to law.

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

State v. Simpson · filed 2023-09-11(G)(2)

We do not “clearly and convincingly” find either that the sentencing court’s findings under R.C. 2929.14(C)(4) are unsupported by the record or “[t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2).

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

State v. Passmore · filed 2023-09-11(G)(2)(a)

Thus, this case does not present the grounds set forth in R.C. 2953.08(G)(2) to modify or vacate the imposition of consecutive sentences.

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

State v. Shaw · filed 2023-09-13(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court in Ohio may vacate or modify a felony sentence only if it clearly and convincingly finds 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 “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. Confere · filed 2023-09-13(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; R.C. 2953.08(G)(2). ... Further, the trial court made the requisite findings for consecutive sentences and the record contains more than ample evidence supporting the trial court’s findings in this regard. Lastly, it is undisputed that Mr. Confere’s sentence falls within the statutory range for felonious assault, a second degree felony, and his sentence is not contrary to law.

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless the record clearly and convincingly fails to support the required findings or the sentence is otherwise contrary to law.

State v. Veon · filed 2023-09-14(G)(2)

An appellate court's standard for review on sentencing matters is not whether the sentencing court abused its discretion. R.C. 2953.08(G)(2). Instead, when reviewing a felony sentence, an appellate court must uphold the sentence unless the evidence clearly and convincingly does not support the trial court's findings under the applicable sentencing statutes or the sentence is otherwise contrary to law.

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

State v. Spencer · filed 2023-09-21(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 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. Logan · filed 2023-09-21(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.”

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

State v. Efford · filed 2023-09-21(G)(2)

Pursuant to R.C. 2953.08(G)(2), a reviewing court may increase, reduce, modify, or vacate and remand a felony sentence if this court clearly and convincingly finds either that the record does not support the sentencing court’s findings as prescribed under specific statutes or the sentence is “otherwise contrary to law.”

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

State v. Barnhart · filed 2023-09-26(G)(2)

As interpreted in Gwynne, an appellate court reviews consecutive sentences under R.C. 2953.08(G)(2), which permits a reviewing court to “increase, reduce, modify, or vacate and remand a challenged felony sentence if the 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.’ ” State v. Hughes, 4th Dist. Adams No. 21CA1133, 2022-Ohio-107, ¶ 9, quoting State v. Cot trill, 4th Dist. Ross No. 20CA3704, 2020-Ohio-7033, ¶ 11.

Section 2953.08(G)(2)(a) permits an appellate court to modify consecutive sentences when it has a firm conviction that the record does not support the sentencing court’s findings.

State v. Crisp · filed 2023-09-29(G)(2)(a)

We may not vacate or modify an order imposing consecutive sentences unless we have “a firm conviction or belief” that the evidence in the record does not support the trial court’s findings.

Section 2953.08(G)(2) does not require abuse-of-discretion deference when an appellate court reviews consecutive sentences.

State v. Sears · filed 2023-09-29(G)(2)

R.C. 2953.08(G)(2) does not require the high level of deference that comes with an abuse of discretion standard of review.

Section 2953.08(G)(2) requires an appellate court reviewing consecutive sentences to determine whether the required findings were made and whether the record supports them.

State v. Novoa · filed 2023-09-29(G)(2)

Two steps are necessary in reviewing consecutive sentence findings. The first is whether the appropriate findings have been made. The second is whether the record clearly and convincingly supports those findings.

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. Passalacqua · filed 2023-09-29(G)(2)

An appellate court reviews the trial court’s imposition of consecutive sentences pursuant to R.C. 2953.08(G)(2), which permits us to modify or vacate consecutive sentences if we clearly and convincingly find (a) the record does not support the trial court’s findings under R.C. 2929.14(C)(4) or (b) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change 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. Devoll · filed 2023-10-02(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) does not permit an appellate court to reweigh a sentence based solely on R.C. 2929.11 and 2929.12; review is limited to whether the sentence is contrary to law.

State v. Hess · filed 2023-10-06(G)(2)

Therefore, when reviewing a sentence imposed based solely on consideration of those statutes, this court may not analyze whether the record supports the sentence because the only issue capable of review is whether 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 that the sentence is contrary to law.

State v. Adeshina · filed 2023-10-06(G)(2)

When reviewing felony sentences, this court must apply the standard of review contained in R.C. 2953.08(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) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.”

Section 2953.08(G)(2) permits an appellate court to modify 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. Stansberry · filed 2023-09-11(G)(2)

However, setting aside Stansberry’s misstatement of the standard under R.C. 2953.08(G)(2), we do not “clearly and convincingly” find either that the sentencing court’s findings under R.C. 2929.14(C)(4) are unsupported by the record or “[t]hat the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) requires an appellate court reviewing consecutive sentences to determine whether it has a firm belief or conviction that the trial court’s findings are unsupported by the evidence.

State v. Preist · filed 2023-10-11(G)(2)

Upon review of the sentencing transcript and the presentence investigation filed under seal in this case, we are not “left with a firm belief or conviction that the findings are not supported by the evidence.”

Section 2953.08(G)(2)(b) 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. Casiano · filed 2023-10-12(G)(2)(b)

R.C. 2953.08(G)(2) governs this court’s review of a felony sentence. ... We vacate the sentences for the failure to comply and driver’s license suspension as contrary to law and remand the case to the court for resentencing.

Section 2953.08(G)(2) requires an appellate court reviewing consecutive sentences to first ensure that the sentencing court made the findings required by section 2929.14(C)(4).

State v. Moore · filed 2023-10-13(G)(2)

In determining whether consecutive sentences are clearly and convincingly contrary to law under R.C. 2953.08(G)(2), the appellate court must first ensure that the trial court made each of the findings required by R.C. 2929.14(C)(4).

Section 2953.08(G)(2) permits an appellate court to modify consecutive sentences if 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. Sims · filed 2023-10-16(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify consecutive sentences imposed under R.C. 292914(C)(4) if it clearly and convincingly finds that: (a) the record does not support the sentencing court’s findings; or (b) the sentence is otherwise contrary to law.

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

State v. Moore · filed 2023-10-18(G)(2)(a)

This Court reviews felony sentences using the standard of review set forth in R.C. §2953.08. ... Accordingly, we do not find clear and convincing evidence the record does not support the trial court’s findings in the instant case.

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless the evidence clearly and convincingly fails to support the required findings or the sentence is otherwise contrary to law.

State v. Moore · filed 2023-10-20(G)(2)(a)-(b)

When reviewing a felony sentence, an appellate court must uphold the sentence unless the evidence clearly and convincingly does not support the trial court’s findings under the applicable sentencing statutes or the sentence is otherwise contrary to law. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1; R.C. 2953.08(G)(2)(a)-(b).

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 contrary to law.

State v. Schmidt · filed 2023-10-23(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)(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 trial court’s findings.

State v. Gwynne · filed 2023-10-25(G)(2)(a)

R.C. 2953.08(G)(2)(a) is plain and unambiguous and permits an appellate court to modify or vacate consecutive sentences if it clearly and convincingly finds that the record does not support the trial court’s consecutive-sentence findings.

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

State v. Pettigrew · filed 2023-10-26(G)(2)(b)

Therefore, we are only permitted to modify or vacate this sentence pursuant to R.C. 2953.08(G)(2)(b), permitting an appellate court to modify or vacate a sentence if it clearly and convincingly finds that the sentence is ‘otherwise contrary to law.’” Jones at ¶ 32, quoting R.C. 2953.08(G)(2)(b).

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

State v. Morgan · filed 2023-10-27(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) 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. Smith · filed 2023-10-27(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 certain of the sentencing court’s findings 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 if it clearly and convincingly finds the sentence contrary to law.

State v. Stacy · filed 2023-10-30(G)(2)(b)

“The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence * * * if it clearly and convincingly finds * * * [t]hat the sentence is * * * contrary to law.” R.C. 2953.08(G)(2)(b). ... The sentence is neither excessive nor otherwise contrary to law.

Section 2953.08(G)(2) authorizes an appellate court to modify consecutive sentences when it clearly and convincingly finds that the record does not support the trial court’s proportionality finding.

State v. Hayes · filed 2023-11-16(G)(2)

Due to this court’s firm belief that the record clearly and convincingly does not support the trial court’s proportionality finding in support of an aggregate sentence of 71 and one-half years, we are authorized by R.C. 2953.08(G)(2) to increase, reduce, or modify the sentences in this case.

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

State v. Alarcon · filed 2023-11-22(G)(2)(a)

When reviewing 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). ... We cannot make such a finding in this case.

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

State v. Dendinger · filed 2023-11-27(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.’” ... Having examined the materials in the record, we do not conclude that the trial court’s consecutive sentence findings are clearly and convincingly unsupported by the record.

Section 2953.08(G)(2) permits an appellate court to modify consecutive sentences only when it has a firm belief or conviction that the record does not support the trial court’s findings.

State v. Wiseman · filed 2023-11-27(G)(2)

Upon review of the sentencing transcript, we are not “left with a firm belief or conviction that the findings are not supported by the evidence,” and the appellant’s fourth assignment of error is therefore overruled.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a 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. Smith · filed 2023-11-30(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 the record does not support the sentencing court’s findings as required under the law, 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 specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Clemmons · filed 2023-11-30(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 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 reverse a 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. Case · filed 2023-12-04(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 vacate or modify a felony sentence when clear and convincing evidence shows that the sentence is contrary to law.

State v. Fleckenstein · filed 2023-12-04(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: (1) “the record does not support the trial court’s findings under relevant statutes[,]” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) requires an appellate court to defer to a trial court’s consecutive-sentence findings unless the record clearly and convincingly does not support them; the court need not consider the aggregate sentence.

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

Applying the holding in Gwynne V, we defer to the trial court’s findings unless the record clearly and convincingly does not support the trial court’s findings, and we need not consider the aggregate sentence.

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

State v. Coleman · filed 2023-12-07(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. Accordingly, a consecutive sentence may be challenged in two ways.

Section 2953.08(G)(2) does not use abuse of discretion as the standard for appellate review of a felony sentence.

State v. Gonzalez · filed 2023-12-11(G)(2)

When reviewing a felony sentence, “[t]he * * * standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2).

Section 2953.08 requires appellate courts to review a felony sentence for whether it is clearly and convincingly contrary to law.

State v. Saunders · filed 2023-12-18

As an initial matter, we note that the standard of review in this matter is not abuse of discretion, but whether the sentence is clearly and convincingly contrary to law. State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 10; R.C. 2953.08.

Section 2953.08(G)(2) requires a court reviewing a felony sentence to examine the record, including the findings underlying the sentence.

State v. Campbell · filed 2023-12-18(G)(2)

“The court hearing an appeal [of a felony sentence] shall review the record, including the findings underlying the sentence or modification given by the sentencing court.” R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to vacate a sentence and remand for resentencing when it clearly and convincingly finds that the required consecutive-sentence findings lack record support or that the sentence is contrary to law.

State v. Banks · filed 2023-12-21(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 that the sentence is otherwise contrary to law.

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

State v. Briggs · filed 2023-12-21(G)(2)

Generally, appellate courts will not reverse a sentencing court’s decision unless the evidence is clear and convincing that either the record does not support the sentence or the sentence is “otherwise contrary to law.”

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

State v. Farr · filed 2023-12-26(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.”

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

State v. Norris · filed 2023-12-28(G)(2)(b)

“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.’” State v. Saxon, 8th Dist. Cuyahoga No. 111493, 2023-Ohio-306, ¶ 18.

Section 2953.08(G)(2) permits an appellate court to change 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. Holland · filed 2023-12-29(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)(a) allows 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. Starcher · filed 2023-12-29(G)(2)(a)

Upon review of the record, we find the trial court made the necessary findings for consecutive sentences in each case, and the record does not clearly and convincingly demonstrate the trial court erred in its determinations regarding the necessary findings.

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 trial court’s findings.

State v. Alley · filed 2024-01-12(G)(2)(a)

Considering this record, we do not find that the trial court’s findings lack clear and convincing evidentiary support.

Section 2953.08(G)(2)(a) limits appellate review of consecutive-sentence findings to whether the record clearly and convincingly fails to support them; an appellate court may not substitute its judgment for the trial court’s.

State v. Polizzi · filed 2024-01-16(G)(2)(a)

We are bound to follow the precedent of the Supreme Court of Ohio, however, which clearly provides that R.C. 2953.08(G)(2) does not permit an appellate court to substitute its judgment for that of the trial court. ... In light of the Supreme Court’s October 2023 decision, vacating the December 2022 decision upon which the instant remand was premised, we re-adopt the above reasoning and holding from Polizzi, 2021-Ohio-244.

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

State v. Harris · filed 2024-01-25(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) requires an appellate court to vacate a consecutive felony sentence when it clearly and convincingly finds that the record does not support it.

State v. Hanshaw · filed 2024-01-25(G)(2)

Because we clearly and convincingly find that the record does not support consecutive sentences other than the sentence for failure to comply, under R.C. 2953.08(G)(2) we must vacate Hanshaw’s sentence and remand this case to the trial court for a resentencing hearing consistent with this opinion.

Section 2953.08(G)(2) allows an appellate court to modify or vacate 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. Gable · filed 2024-01-29(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 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. Mallard · filed 2024-01-29(G)(2)

Appellate review of consecutive sentences is governed by R.C. 2953.08(G)(2), which provides: ... Quite simply, this is not a case where the record does not support the trial court’s findings.

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

State v. Williamson · filed 2024-01-31(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 change or vacate a felony 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. Moore · filed 2023-12-08(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 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 sentencing court’s required findings.

State v. Lampert · filed 2024-02-05(G)(2)(a)

In any event, after considering the record before the trial court, we hold that there is an evidentiary basis, supported by evidence which is more than sufficient in quality to sustain the required finding for multiple consecutive sentences as set forth in R.C. 2953.08(G)(2)(a); this court cannot “clearly and convincingly find * * * [t]hat the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14.”

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 otherwise contrary to law.

State v. Warnock · filed 2024-02-05(G)(2)

A felony sentence is reviewed under the standard in R.C. 2953.08(G)(2). That provision 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.

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless clear and convincing evidence does not support the trial court’s findings or the sentence is otherwise contrary to law.

State v. McMannis · filed 2024-02-06(G)(2)(a)-(b)

When reviewing a felony sentence, an appellate court must uphold the sentence unless the evidence clearly and convincingly does not support the trial court’s findings under the applicable sentencing statutes or the sentence is otherwise contrary to law.

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

State v. Diamond · filed 2024-02-08(G)(2)

As an initial matter, it is important to note that the clear and convincing standard set forth in R.C. 2953.08(G)(2) is written in the negative. It does not say that the trial court must have clear and convincing evidence to support its findings.

Section 2953.08(G)(2) does not permit an appellate court to independently reweigh the record when reviewing a sentence under R.C. 2929.11 and 2929.12.

State v. Nazir · filed 2024-02-15(G)(2)

While Nazir argues that a proper consideration of the appropriate factors would have led to a shorter prison sentence or community control, “[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)(b) does not allow an appellate court to modify or vacate a sentence merely because it believes the record does not support the sentence under sections 2929.11 and 2929.12.

State v. Calloway · filed 2024-02-26(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.” ... We find that based on this record, the trial court complied with the felony sentencing statutes and the sentence was not contrary to law.

Section 2953.08(G)(2) allows an appellate court to alter 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. Lightner · filed 2024-02-29(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 under various sentencing statutes, including R.C. 2929.14(C)(4), or the sentence is contrary to law.

Section 2953.08(G)(2) does not permit an appellate court to reverse or modify consecutive sentences based on the sentencing principles and factors in R.C. 2929.11 and 2929.12.

State v. Stotts · filed 2024-02-29(G)(2)

R.C. 2953.08(G)(2) does not allow an appellate court to reverse or modify a defendant's consecutive sentences using the principles and purposes of felony sentencing as set forth in R.C. 2929.11(A) and (B) and the seriousness and recidivism factors in R.C. 2929.12.

Section 2953.08(G)(2) requires an appellate court to affirm consecutive sentences unless it clearly and convincingly finds that the record does not support the trial court’s findings.

State v. Cook · filed 2024-03-07(G)(2)

A consecutive sentence must be affirmed if the court of appeals is “unable to clearly and convincingly find that the record does not support the trial court’s findings.” State v. Pearson, 8th Dist. Cuyahoga No. 112884, 2024-Ohio-342, ¶ 12. Accordingly, we will review the record to determine whether it does not support the imposition of consecutive sentences.

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

State v. Anderson · filed 2024-03-07(G)(2)

We review felony sentences under the standard of review set forth in R.C. 2953.08(G)(2), which permits this court to increase, reduce, or otherwise modify a sentence or vacate a sentence and remand for resentencing if this court “clearly and convincingly” finds that the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4), or that the sentence is “otherwise contrary to law.”

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

State v. Stroud · filed 2024-03-15(G)(2)

When reviewing the imposition of a felony sentence, this court cannot vacate or modify the sentence unless it clearly and convincingly finds that the sentence was contrary to law or that the trial court’s findings were not supported by the record. State v. Sanders, 1st Dist. Hamilton No. C-230131, 2023-Ohio-4551, ¶ 9, citing State v. Howell, 1st Dist. Hamilton No. C-200360, 2021-Ohio-2957, ¶ 13; see R.C. 2953.08(G)(2).

Section 2953.08(G)(2) allows an appellate court to change 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. Abney · filed 2024-03-15(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 specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Pitts · filed 2024-03-15(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) requires an appellate court to defer to consecutive-sentence findings unless the record clearly and convincingly does not support them or the sentence is otherwise contrary to law.

State v. Brinkman · filed 2024-03-18(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) does not permit an appellate court to reverse or modify consecutive sentences by applying the general purposes of felony sentencing or the seriousness and recidivism factors.

State v. Norman · filed 2024-03-11(G)(2)

R.C. 2953.08(G)(2) does not allow an appellate court to reverse or modify a defendant's consecutive sentences using the principles and purposes of felony sentencing as set forth in R.C. 2929.11(A) and (B) and the seriousness and recidivism factors in R.C. 2929.12.

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. Foster · filed 2024-03-28(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 an appellate court to defer to consecutive-sentence findings unless it clearly and convincingly finds that the record does not support them or that the sentence is otherwise contrary to law.

State v. Davis · filed 2024-03-28(G)(2)

In conjunction, R.C. 2953.08(G)(2) authorizes that, “The appellate court may increase, reduce, or otherwise modify a sentence that is appealed * * * [only in cases in which] it clearly and convincingly finds either * * * That the record does not support the sentencing court’s [consecutive sentence] findings * * * [or] That the sentence is otherwise contrary to law.” Thus, the clear and convincing standard of appellate felony sentencing review is statutorily established in the negative, retaining appellate court deference to the trial court’s consecutive-sentence-findings, as reaffirmed by, and in conformity with, the above-quoted Gwynne holding.

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

State v. Bryant · filed 2024-03-29(G)(2)

We review felony sentences under the standard set forth in R.C. 2953.08(G)(2), which provides that an appellate court may increase, decrease, modify, or vacate and remand a sentence if it clearly and convincingly finds either that the record does not support the lower court’s findings or that the sentence is 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. Siler · filed 2024-03-29(G)(2)(b)

R.C. 2953.08(G) governs our review of felony sentences, and provides, in pertinent part, that after an appellate court’s review of the record, 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.”

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. Lloyd · filed 2024-04-05(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)(b) does not permit an appellate court to modify or vacate a felony sentence merely because it disagrees with how the trial court weighed the sentencing factors in R.C. 2929.11 and 2929.12.

State v. Lorraine · filed 2024-04-09(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) allows 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. Wallace · filed 2024-04-12(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) that 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) 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 otherwise contrary to law.

State v. Maust · filed 2024-04-12(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. ... Upon review of the record, we are not “left with a firm belief or conviction that the findings are not supported by the evidence.” See Gwynne, supra at ¶ 27. We find the trial court did not err in imposing consecutive sentences in the instant case.

Section 2953.08(G)(2) bars an appellate court from modifying or reversing consecutive sentences based on felony sentencing principles or seriousness and recidivism factors.

State v. Stanford · filed 2024-04-16(G)(2)

R.C. 2953.08(G)(2) prohibits an appellate court from modifying or reversing consecutive sentences “using the principles and purposes of felony sentencing as set forth in R.C. 2929.11(A) and (B) and the seriousness and recidivism factors in R.C. 2929.12.”

Section 2953.08(G)(2) permits an appellate court to reverse consecutive felony sentences when the record does not clearly and convincingly support them.

State v. Weaver · filed 2024-04-17(G)(2)

R.C. 2953.08(G)(2) governs our review of challenges to consecutive sentences in felony-sentencing appeals. Under that statute, we may only reverse a trial court’s imposition of consecutive sentences if we find that the record does not clearly and convincingly support the trial court’s decision to sentence the defendant to consecutive prison terms.

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

State v. Hempstead · filed 2024-04-18(G)(2)

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

Section 2953.08(G)(2) allows an appellate court to change or vacate 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. Francis · filed 2024-04-18(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)(a) 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. Boyd · filed 2024-04-18(G)(2)(a)

And after reviewing the entire trial- court record, we do not clearly and convincingly find that the record does not support the finding that consecutive sentences are not disproportionate to the seriousness of Boyd’s conduct and to the danger he poses to the public.

Section 2953.08 allows an appellate court to vacate or modify a felony sentence and remand when clear and convincing evidence shows that the sentencing findings lack record support or the sentence is contrary to law.

State v. Akins · filed 2024-04-19(C)(2)(a)-(b)

An appellate court may vacate or modify a sentence and remand the cause for resentencing when the court finds by clear and convincing evidence either (1) the record does not support the sentencing court’s findings or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to overturn consecutive felony 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. Keith · filed 2024-04-25(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences only 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 modify or vacate a felony sentence only upon a clear and convincing finding that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Williamson · filed 2024-04-25(G)(2)

Under that statute, we are permitted to modify or vacate a sentence only if we clearly and convincingly find either: (1) the record does not support the sentencing court’s findings under certain statutes, none of which are implicated here; 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 when it clearly and convincingly finds that the record does not support specified findings or that the sentence is contrary to law.

State v. Fitzgerald · filed 2024-04-26(G)(2)

Rather, in reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2). Marcum at ¶ 9. 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)(b) 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. Price · filed 2024-04-26(G)(2)(b)

We review felony sentences under the standard set forth in R.C. 2953.08(G)(2): ... The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing. ... 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.

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

State v. Metz · filed 2024-04-29(G)(2)(a)

However, after a thorough review of the record, and when applying the appropriate standard of review set forth in R.C. 2953.08(G)(2)(a), we find the trial court's consecutive sentence findings made pursuant to R.C. 2929.14(C)(4) were not clearly and convincingly unsupported by the record.

Section 2953.08(G)(2) does not permit an appellate court to reverse or modify consecutive sentences based on the general felony sentencing purposes or the seriousness and recidivism factors.

State v. Kehl · filed 2024-05-01(G)(2)

R.C. 2953.08(G)(2) does not allow an appellate court to reverse or modify a defendant's consecutive sentences using the principles and purposes of felony sentencing as set forth in R.C. 2929.11(A) and (B) and the seriousness and recidivism factors in R.C. 2929.12.

Section 2953.08(G)(2) allows a defendant to challenge consecutive sentences when the required findings are missing or the record clearly and convincingly fails to support them.

State v. Fips · filed 2024-05-02(G)(2)

A defendant can challenge consecutive sentences on appeal in two ways. First, the defendant can argue that consecutive sentences are contrary to law because the court failed to make the necessary findings required by R.C. 2929.14(C)(4). See R.C. 2953.08(G)(2)(b); Reindl at ¶ 13; State v. Nia, 2014-Ohio-2527, 15 N.E.3d 892, ¶ 16 (8th Dist.). Second, the defendant can argue that the record ‘clearly and convincingly’ does not support the court’s findings made pursuant to R.C. 2929.14(C)(4). See R.C. 2953.08(G)(2)(a); Reindl at ¶ 13.

Section 2953.08(G)(2) requires a court hearing a felony-sentence appeal to review the record, including the findings underlying the sentence.

State v. Tinker · filed 2024-05-06(G)(2)

“The court hearing an appeal [of a felony sentence] shall review the record, including the findings underlying the sentence or modification given by the sentencing court.”

Section 2953.08(G)(2) requires an appellate court to affirm consecutive sentences unless it clearly and convincingly finds that the record does not support the trial court’s findings.

State v. Walker · filed 2024-05-09(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court must affirm an order of consecutive sentences unless it “clearly and convincingly” finds that the record does not support the trial court’s findings in support of consecutive sentences.

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

State v. Conn · filed 2024-05-10(G)(2)

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

Section 2953.08(G)(2) does not permit an appellate court to reverse or modify consecutive sentences based on the sentencing principles in R.C. 2929.11 or the factors in R.C. 2929.12.

State v. Reynolds · filed 2024-05-21(G)(2)

R.C. 2953.08(G)(2) does not allow an appellate court to reverse or modify a defendant’s consecutive sentences using the principles and purposes of felony sentencing as set forth in R.C. 2929.11(A) and (B) and the seriousness and recidivism factors in R.C. 2929.12.

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

State v. Miles · filed 2024-05-23(G)(2)

Under R.C. 2953.08(G)(2), this court may increase, reduce, otherwise modify, or vacate a sentence only after it has reviewed the entire trial-court record and “clearly and convincingly finds” that “the record does not support the sentencing court’s findings” under certain statutes or that “the sentence is otherwise contrary to law.” ... After reviewing the entire record, we do not clearly and convincingly find 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) does not allow an appellate court to modify or vacate a felony sentence based on its own weighing of the sentencing factors in sections 2929.11 and 2929.12.

State v. Cochran · filed 2024-05-23(G)(2)

In sum, R.C. 2953.08(G)(2) “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 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 otherwise contrary to law.

State v. Burse · filed 2024-05-28(G)(2)

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

Section 2953.08(G)(2) permits appellate review of consecutive sentences.

State v. Feidler · filed 2024-05-28(G)(2)

However, the trial court’s imposition of consecutive sentencing is reviewable under R.C. 2953.08(G)(2).

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. Williams · filed 2024-05-29(G)(2)

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

Section 2953.08(G)(2) allows 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. Cloutier · filed 2024-05-30(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 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. Foster · filed 2024-05-30(G)(2)

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

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

State v. Sutton · filed 2024-05-31(G)(2)

Important here, R.C. 2953.08(G)(2) allows us to vacate an appellant's sentence if we find that the sentence is clearly and convincingly 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 that the sentence is contrary to law.

State v. Fazio · filed 2024-06-10(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; R.C. 2953.08(G)(2). ... Thus, based upon this record, we cannot say the trial court’s imposition of consecutive sentences is not supported by clear and convincing evidence, or that consecutive sentences were not necessary to protect the public or punish Mr. Fazio.

Section 2953.08(G)(2) does not permit an appellate court to reweigh sentencing evidence and substitute its judgment for the trial court’s on compliance with sentencing factors.

State v. Miklavcic · filed 2024-06-13(G)(2)

Indeed, “[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) requires deferential review of consecutive sentences; modification requires a clear and convincing lack of record support for the sentencing findings or a sentence otherwise contrary to law.

State v. McIntoush · filed 2024-06-13(G)(2)

Applying the deferential standard in R.C. 2953.08(G)(2), we cannot say the record does not clearly and convincingly support the sentencing court’s findings or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence that is otherwise contrary to law.

State v. Black · filed 2024-06-20(G)(2)

Under 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” certain statutory findings the trial court is required to make, or if the sentence is “otherwise contrary to law.”

Section 2953.08(G)(2) allows an appellate court to alter 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. Sanders · filed 2024-06-11(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) requires appellate courts to defer to consecutive-sentence findings, but that standard does not apply when the trial court makes no required findings.

State v. Ventura · filed 2024-06-18(G)(2)

But, as we observed in State v. Mathews, 1st Dist. Hamilton No. C-240016, 2024-Ohio-1863, ¶ 24, Bonnell rather than Gwynne applies when the trial court completely failed to make the required findings under R.C. 2929.14(C)(4). Ventura’s case is such a situation.

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

State v. Walls · filed 2024-06-25(G)(2)

R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence, or vacate the sentence and remand for resentencing if the court finds by clear and convincing evidence that either of the following apply: (1) “the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code” 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 when it finds by clear and convincing evidence that the specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Jackson · filed 2024-06-25(G)(2)

R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence, or vacate the sentence and remand for resentencing if the court finds by clear and convincing evidence that either of the following apply: (1) “the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code” or (2) “the sentence is otherwise contrary to law.”

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

State v. Castro · filed 2024-06-27(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 relevant sentencing statutes or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) allows an appellate court to change a felony sentence only when 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. Cornelison · filed 2024-06-28(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 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) does not permit an appellate court to modify or vacate a sentence merely because the record does not support it under section 2929.11.

State v. Rosa-DeJesus · filed 2024-06-28(G)(2)

R.C. 2953.08(G)(2)(a) does not list R.C. 2929.11, see Jones at ¶ 28, and the Supreme Court has determined that “an appellate court’s determination that the record does not support a sentence does not equate to a determination that the sentence is ‘otherwise contrary to law’ as that term is used in R.C. 2953.08(G)(2)(b).” Id. at ¶ 32. Thus, Rosa-DeJesus’ argument is not reviewable by this Court. See Blackburn at ¶ 19, citing Jones at ¶ 42.

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

State v. Halbert · filed 2024-07-01(G)(2)

Therefore, given the plain language set forth in R.C. 2953.08(G)(2)(a) and (b), this court may modify or vacate a felony sentence only if, by clear and convincing evidence, the record does not support the trial court's findings under relevant statutes, or the sentence is otherwise contrary to law.

When none of the findings provisions listed in § 2953.08(G)(2) applies, appellate review asks whether the felony sentence is otherwise contrary to law.

State v. Woodfork · filed 2024-07-03(G)(2)

In this case, none of the relevant statutes mentioned in R.C. 2953.08(G)(2) apply to this case; accordingly, we must simply determine whether Woodfork’s sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to overturn consecutive felony 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. Contes · filed 2024-07-03(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a court may overturn the imposition of consecutive sentences only 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 modify or vacate a felony sentence only when clear and convincing evidence shows that the relevant findings lack record support or the sentence is contrary to law.

State v. Finchman · filed 2024-07-08(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, otherwise modify, or vacate 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 change a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Watts · filed 2024-07-15(G)(2)

As for Watts's sentence, this court reviews felony sentences using the standard of review set forth in R.C. 2953.08. ... Watts's sentence is therefore not clearly and convincingly contrary to law.

Section 2953.08(G)(2) requires appellate courts to uphold consecutive-sentence findings unless those findings are clearly and convincingly unsupported by the record.

State v. Philpot · filed 2024-07-19(G)(2)

“The plain language of R.C. 2953.08(G)(2) requires an appellate court to defer to a trial court's consecutive-sentence findings, and the trial court's findings must be upheld unless those findings are clearly and convincingly not supported by the record.” State v. Gwynne, 2023-Ohio-3851, ¶ 5. ... Philpot has not demonstrated that the court's consecutive sentence findings were clearly and convincingly not supported by the record, as required for us to reverse her 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 required findings or that the sentence is otherwise contrary to law.

State v. Bryars · filed 2024-07-22(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 vacate a felony sentence and remand for resentencing when clear and convincing evidence shows the sentence is contrary to law.

State v. Lyons · filed 2024-07-25(G)(2)

We review felony sentences pursuant to R.C. 2953.08. When it is shown by clear and convincing evidence that the trial court imposed a sentence that is contrary to law, we “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.” 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 sentencing findings.

State v. Collins · filed 2024-07-25(G)(2)

Thus, R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, or otherwise modify consecutive sentences only if the record does not “clearly and convincingly” support the trial court's R.C. 2929.14(C)(4) consecutive-sentence findings.

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

State v. Long · filed 2024-07-29(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may alter the sentence imposed by the trial court if it "clearly and convincingly finds . . . that the record does not support the sentencing court's findings . . . [or] [t]hat is otherwise contrary to law." State v. Willis, 2024-Ohio-2210, ¶ 64 (12th Dist.).

When the trial court makes the required consecutive-sentence findings, appellate review is limited to whether the record clearly and convincingly does not support the sentences.

State v. Peterson · filed 2024-08-01(G)

In cases in which the trial court makes the appropriate findings to imposed consecutive sentences, “our review of the record is limited to determine whether the record clearly and convincingly does not support the imposition of consecutive sentences.” State v. Hoffman, 2023-Ohio-3977, ¶ 35 (8th Dist.), citing R.C. 2953.08(G). ... Additionally, in reviewing the record, we cannot say the record clearly and convincingly does not support the imposition of consecutive sentences.

Section 2953.08(G)(2) requires an appellate court to uphold consecutive-sentence findings unless it clearly and convincingly finds them unsupported by the record.

State v. Gallardo · filed 2024-08-02(G)(2)

Based upon the foregoing, we do not find that the disputed trial court consecutive sentence findings are clearly and convincingly not supported by the record under R.C. 2953.08(G)(2).

Section 2953.08(G)(2) does not permit an appellate court to independently reweigh the evidence to decide whether a sentence best complies with R.C. 2929.11 and R.C. 2929.12.

State v. Norris · filed 2024-08-02(G)(2)

Nothing in R.C. 2953.08(G)(2) permits this Court to independently weigh the evidence in the record and substitute our own judgment for that of the trial court to determine a sentence which best reflects compliance with R.C. 2929.11 and R.C. 2929.12.

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. Johnson · filed 2024-08-15(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 relevant sentencing statutes or the sentence is otherwise contrary to law.

Section 2953.08(G) limits appellate review of consecutive-sentence findings to whether the record clearly and convincingly does not support them.

State v. Diggs · filed 2024-08-15(G)

In cases in which the trial court makes the appropriate findings to impose consecutive sentences, “our review of the record is limited to determine whether the record clearly and convincingly does not support the imposition of consecutive sentences.” ... Based on this record, we cannot say the record clearly and convincingly does not support the imposition of consecutive sentences.

When a felony sentencing challenge does not involve a statute enumerated in R.C. 2953.08(G)(2), the appellate court determines whether the sentence is contrary to law.

State v. Monfort · filed 2024-08-16(G)(2)

Because Monfort’s sentencing argument does not involve any of the statutes enumerated in R.C. 2953.08(G)(2), we must simply determine whether the 578-day sanction for violating post-release control is 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 relevant statutory findings or that the sentence is otherwise contrary to law.

State v. Maloney · filed 2024-08-19(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may vacate or modify a felony sentence only if it finds by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes, including R.C. 2929.14(B)(2)(e), 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 if it clearly and convincingly finds that the record does not support the sentencing court’s findings.

State v. Thompson · filed 2024-08-22(G)(2)

We may vacate or modify a felony sentence if we clearly and convincingly find 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 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. Farley · filed 2024-08-26(G)(2)

We review the trial court's sentencing decision for a community control violation under the standard set forth by R.C. 2953.08(G)(2). State v. Demangone, 2023-Ohio-2522, ¶ 11 (12th Dist.). Pursuant to that statute, this court may modify or vacate a sentence only if, by clear and convincing evidence, "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law."

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

State v. Long · filed 2024-08-29(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 relevant sentencing statutes or the sentence is otherwise contrary to law.

Section 2953.08(G) 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. Persinger · filed 2024-08-30(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.” State v. Worthen, 2021-Ohio-2788, ¶ 13 (2d Dist.).

Section 2953.08(G)(2) requires an appellate court to uphold consecutive-sentence findings unless the record clearly and convincingly does not support them.

State v. Hill · filed 2024-08-30(G)(2)

However, instead of being deferential to the trial court’s consecutive-sentence findings and simply reviewing the record for something that supported the findings, the court in Hacker focused only on the facts it found to be important and modified Hacker’s sentence in a way it deemed suitable. Such a review does not comply with R.C. 2953.08(G)(2).

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless the record clearly and convincingly fails to support the required findings or the sentence is otherwise contrary to law.

State v. Faiola · filed 2024-09-18(G)(2)

When reviewing a felony sentence, an appellate court must uphold the sentence unless the evidence clearly and convincingly does not support the trial court's findings under the applicable sentencing statutes or the sentence is otherwise contrary to law. State v. Marcum, 2016-Ohio-1002, ¶ 1; R.C. 2953.08(G)(2).

Section 2953.08(G)(2) limits when an appellate court may vacate or modify a felony sentence to cases where it makes the specified determination by clear and convincing evidence.

State v. Rodriguez · filed 2024-09-25(G)(2)

Under R.C. 2953.08(G)(2), 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.” State v. Marcum, 2016-Ohio-1002, ¶ 1.

Section 2953.08(G)(2) requires an appellate court to uphold consecutive sentence findings unless the record clearly and convincingly does not support them.

State v. Buck · filed 2024-09-27(G)(2)

Applying the deferential standard in R.C. 2953.08(G)(2), we cannot say the record does not clearly and convincingly support the trial court’s findings of consecutive sentences for the 16 felony convictions.

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

State v. Bates · filed 2024-09-30(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may vacate or modify a felony sentence only if it finds by clear and convincing evidence that the record does not support the trial court's findings under ... relevant statutes, including R.C. 2929.14(C)(4), or that the sentence is otherwise contrary to law.

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

State v. Griffin · filed 2024-10-04(G)(2)

Moreover, “[p]ursuant to R.C. 2953.08(G)(2), an appellate court may vacate or modify a felony sentence only if it clearly and convincingly finds that the record ‘does not support the sentencing court’s findings under [relevant statutes]’ or ‘the sentence is otherwise contrary to law.’” Id. at ¶ 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 specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Wells · filed 2024-10-04(G)(2)

When reviewing felony sentences, we apply the standard of review set forth in R.C. 2953.08(G). State v. Marcum, 2016-Ohio-1002, ¶ 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 (including R.C. 2929.14(C)(4), which addresses consecutive sentences); or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires an appellate court to uphold a trial court’s consecutive-sentence findings unless the record clearly and convincingly fails to support them.

State v. Wolfe · filed 2024-10-07(G)(2)

When reviewing the imposition of consecutive sentences, “[t]he plain language of R.C. 2953.08(G)(2) requires an appellate court to defer to a trial court’s consecutive-sentence findings, and the trial court’s findings must be upheld unless those findings are clearly and convincingly not supported by the record.”

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

State v. Williams · filed 2024-10-07(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, otherwise modify, or vacate 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 change a felony sentence only upon a clear and convincing finding that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Crawford · filed 2024-09-09(G)(2)

An appellate court may increase, modify, or vacate and remand a judgment only if it clearly and convincingly finds either “(a) the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant” or “(b) the sentence is otherwise contrary to law.” State v. Yeager, 2016-Ohio-4759 (6th Dist.), ¶7, citing R.C. §2953.08(G)(2).