Ohio Rev. Code Ann. § 2953.08

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 otherwise contrary to law.

State v. Payne · filed 2024-09-26(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, including R.C. 2929.14(C)(4); or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) supplies the standard appellate courts must apply when reviewing felony sentences.

State v. Seymour · filed 2024-10-18(G)(2)

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

Section 2953.08(G)(2) 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. Israel · filed 2024-10-21(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 when clear and convincing evidence shows that required findings lack record support or the sentence is contrary to law.

State v. Brotherton · filed 2024-10-21(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)(a) allows an appellant to challenge consecutive sentences on the ground that the record clearly and convincingly does not support the sentencing court’s findings.

State v. White · filed 2024-10-28(G)(2)(a)

Second, the appellant may argue that the record clearly and convincingly does not support the findings the sentencing court made to justify consecutive sentences. State v. Lewis, 2002-Ohio-3373, ¶ 7 (11th Dist.); R.C. 2953.08(G)(2)(a). ... The record clearly and convincingly supports the trial court’s findings imposing consecutive sentences.

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

State v. Glover · filed 2024-11-01(G)(2)(a)

And it may modify or vacate the sentence only if it “clearly and convincingly” finds that the evidence does not support the trial court’s R.C. 2929.14(C)(4) findings.

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

State v. Coleman · filed 2024-11-07(G)(2)

In Gwynn V, the Ohio Supreme Court held that de novo review of the trial court’s imposition of consecutive sentences is contrary to the language of R.C. 2953.08(G)(2), which provides that an appellate court may only increase, reduce, or other modify consecutive sentences if the record does not “clearly and convincingly” support the trial court’s R.C. 2929.14(C)(4) findings. ... We do not have a “firm belief or conviction” that the record does not clearly and convincingly support the trial court’s findings.

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

State v. King · filed 2024-11-08(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) allows 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. Cherry · filed 2024-11-08(G)(2)

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

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

State v. MacPhereson · filed 2024-11-12(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) permits an appellate court to modify consecutive sentences only if it clearly and convincingly finds that the record does not support the trial court’s findings or that the sentences are contrary to law.

State v. Truesdell · filed 2024-11-13(G)

Under the plain language of R.C. 2953.08(G), the court must review the trial court’s consecutive-sentences findings, and it may “increase, reduce, or otherwise modify” consecutive sentences only if it clearly and convincingly finds that the record does not support the trial court’s findings or it clearly and convincingly finds that the sentences are otherwise contrary to law. ... In this case, the record supports the trial court’s findings.

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

State v. McRae · filed 2024-11-14(G)(2)

R.C. 2953.08(G)(2) provides an appellate court may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the 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. ... We cannot clearly and convincingly conclude that the record does not support the trial court’s R.C. 2929.14(C)(4) findings.

Section 2953.08(G)(2) requires appellate courts to uphold consecutive-sentence findings unless the record clearly and convincingly fails to support them.

State v. Hobbs · filed 2024-11-18(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 that is outside the statutory range or was imposed without considering the statutory purposes and principles of felony sentencing.

State v. Corbo · filed 2024-11-21(G)(2)

Pursuant to R.C. 2953.08(G)(2), this court “may increase, reduce, or otherwise modify a sentence,” or vacate a sentence and remand for resentencing if “the sentence is otherwise contrary to law.” A sentence is contrary to law if it falls outside the statutory range for the offense or the trial court failed to consider the statutory purposes and principles of felony sentencing set forth in R.C. 2929.11 and 2929.12.

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. Bailey · filed 2024-11-21(G)(2)

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

Section 2953.08(G)(2) does not allow 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. Scarberry · filed 2024-11-21(G)(2)

Thus, 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.

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

State v. Massey · filed 2024-11-25(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.”

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

State v. Wilson · filed 2024-11-25(G)(2)

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

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

State v. Duncan · filed 2024-11-26(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may modify or vacate a felony sentence “only if we clearly and convincingly find either: (1) the record does not support the sentencing court’s findings under certain statutes, including 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 vacate a felony sentence and remand when it clearly and convincingly finds the sentence contrary to law.

State v. Snowden · filed 2024-12-02(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, 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. Lamb, 2023-Ohio-2834, ¶ 9 (11th Dist.). ... Such a sentence is not provided for under R.C. 4511.19(G)(1)(e) and is therefore clearly and convincingly 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 specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Casto-Triplett · filed 2024-12-02(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, ¶ 7 (6th Dist.), citing R.C. 2953.08(G)(2).

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

State v. Runyon · filed 2024-10-21(G)(2)

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

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

State v. Daniels · filed 2024-11-15(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(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify consecutive sentences only if the record does not clearly and convincingly support the required consecutive-sentence findings.

State v. Volpi · filed 2024-12-09(G)(2)

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 applies to felony sentences, not misdemeanor sentences.

State v. Oakes · filed 2024-12-11

To the extent Oakes’s challenge pertains to his misdemeanor sentences, R.C. 2953.08 is not implicated as the statute applies only to felony sentences.

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

State v. Eutsler · filed 2024-12-16(G)(2)(a)

As a result, this court may not modify or vacate a felony sentence based on a finding by clear and convincing evidence that the record does not support the trial court’s findings under R.C. 2929.11.

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

State v. Williams · filed 2024-12-23(G)(2)(a)

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, it “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 * * *.” R.C 2953.08(G)(2)(a).

Section 2953.08(G)(2) limits appellate review of consecutive sentences to whether the record clearly and convincingly does not support the trial court’s findings.

State v. Billings · filed 2024-12-23(G)(2)

In cases in which the trial court makes the appropriate findings to impose consecutive sentences, as it did in this case, this court’s review of the record is limited to determine whether the record clearly and convincingly does not support the imposition of consecutive sentences.

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

State v. Farmer · filed 2024-12-23(G)(2)

“The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under [R.C. 2953.08] or may vacate the sentence and remand the matter to the sentencing court for resentencing” “if it clearly and convincingly finds” that the record does not support certain findings by the sentencing court, including consecutive sentence findings under R.C. 2929.14(C)(4), or “[t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2). ... Because the trial court failed to make all the requisite findings under R.C. 2929.14(C)(4) at the sentencing hearing and in the entry, we clearly and convincingly find that the order of consecutive sentences is contrary to law.

Section 2953.08(G)(2)(a) directs appellate courts to modify or vacate a sentence when clear and convincing evidence shows that the record does not support the sentencing court’s findings or that the sentence is contrary to law.

State v. Spells · filed 2024-12-27(G)(2)(a)

R.C. 2953.08(G)(2)(a) compels appellate courts to modify or vacate sentences if they find by clear and convincing evidence that the record does not support the sentencing court’s findings under certain relevant statutes or if the sentence is otherwise contrary to law.

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

State v. Johnson · filed 2024-12-27(G)(2)

In reviewing felony sentences, this court must apply the standard of review set forth in R.C. 2953.08(G)(2). State v. Marcum, 2016-Ohio-1002, ¶ 7. Under that statute, we may increase, reduce, or modify a sentence, or we may vacate the sentence and remand for resentencing, only if we “clearly and convincingly” find either (1) that the record does not support certain specified findings, including those under R.C. 2929.14(C)(4), or (2) that the sentence imposed is contrary to law.

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

State v. Herrera-Reyes · filed 2025-01-08(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to modify or vacate a sentence 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. Jackson · filed 2025-01-16(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 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 required sentencing findings or that the sentence is contrary to law.

State v. Billips · filed 2025-01-16(G)(2)

This court reviews felony sentences pursuant to the standard set forth in R.C. 2953.08(G)(2), which authorizes appellate court to increase, reduce, modify, or vacate and remand a felony sentence in two circumstances: (1) the reviewing court clearly and convincingly finds that record does not support findings that the sentencing court is required to make; and (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 required sentencing findings lack record support or that the sentence is contrary to law.

State v. Jackson · filed 2025-02-06(G)(2)

Felony sentences are reviewed under R.C. 2953.08(G)(2), which allows a court of appeals to increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly makes either of two findings. State v. Artis, 2022-Ohio-3819, ¶ 11 (8th Dist.). First that the record does not support the trial court’s findings as required by certain sentencing statutes or that the sentences are otherwise contrary to law.

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

State v. Turner · filed 2025-02-07(G)(2)

Pursuant to R.C. 2953.08(G)(2), we may only modify or vacate a felony sentence if we clearly and convincingly find that the record does not support the trial court’s sentencing findings under certain specified divisions, including R.C. 2929.14(C)(4), or that the sentence is otherwise contrary to law.

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

State v. Scott · filed 2024-12-13(G)(2)

Applying the appellate-review statute in this way, we find that the record in this case does not clearly and convincingly fail to support the trial court’s consecutive- sentence findings.

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

State v. White · filed 2024-12-26(G)(2)

Accordingly, this 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) permits appellate review of consecutive sentences, but subsection (G)(2)(b) does not authorize modification based on an appellate court’s view that the sentence lacks support under R.C. 2929.11 and 2929.12.

State v. Harnish · filed 2025-02-10(G)(2)

While 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, 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 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. Stover · filed 2025-02-13(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 when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Humphries · filed 2025-02-13(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce or otherwise modify a sentence or vacate a sentence and remand for resentencing if it “clearly and convincingly” finds that (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 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. Kincaid · filed 2025-02-27(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 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.” ... Our review of the record confirms that the court’s findings are supported by the record. Kincaid’s sentence is also not contrary to law.

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

State v. Rucker · filed 2025-03-03(G)(2)

Our review of the record, including the sentencing transcript and the PSI, however, does not clearly and convincingly demonstrate Mr. Rucker’s sentence is contrary to law.

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

State v. Martin · filed 2025-03-06(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) requires an appellate court to modify or vacate consecutive felony sentences if it clearly and convincingly finds that the record does not support the required findings.

State v. Ayala · filed 2025-03-06(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[.]” Marcum, 2016-Ohio-1002, at ¶ 22.

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

State v. Webb · filed 2025-03-10(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) does not permit an appellate court to independently weigh the record and substitute its judgment about a felony sentence under R.C. 2929.11 and 2929.12.

State v. Mohler · filed 2025-03-10(G)(2)

Thus, R.C. 2953.08(G)(2) does not allow “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.” Id. at 42; see also State v. Bryant, 2022-Ohio-1878, ¶ 22.

Section 2953.08(G)(2) allows 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 or that the sentence is otherwise contrary to law.

State v. Foster · filed 2025-03-13(G)(2)

When evaluating a trial court’s imposition of consecutive sentences, an appellate court must “review the record, including findings underlying the sentence” and may modify or vacate the sentence only “if it 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.” R.C. 2953.08(G)(2).

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. Clouser · filed 2025-03-13(G)(2)

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

State v. Diallo · filed 2025-03-18(G)(2)

Under R.C. 2953.08(G)(2), 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 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) permits an appellate court to change 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. Boyd · filed 2025-03-21(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) permits an appellate court to vacate or remand a sentence that does not comply with sentencing statutes or is otherwise contrary to law.

State v. Richmond · filed 2025-03-27(G)(2)

Pursuant thereto, an appellate court may vacate a sentence and/or remand a matter to the trial court when a sentence does not comport with sentencing statutes, or when the sentence is otherwise contrary to law.

Section 2953.08(G)(2) does not permit an appellate court to reweigh the record and substitute its judgment about a sentence under R.C. 2929.11 and 2929.12.

State v. Davis · filed 2025-02-10(G)(2)

Thus, R.C. 2953.08(G)(2) does not allow “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) governs appellate review of felony sentences and permits relief when the sentence is contrary to law or specified findings lack record support.

State v. Gallagher · filed 2025-02-19(G)(2)

Felony sentences are reviewed under R.C. 2953.08(G)(2). ... The trial court did not err in imposing sentence upon the appellant, and we find no basis for concluding that the trial court's decision is 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 specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Cannada · filed 2025-04-04(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.”

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. Deere · filed 2025-04-11(G)

When reviewing felony sentences, a court of appeals 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) allows an appellate court to modify a sentence when it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is contrary to law.

State v. Smith · filed 2025-04-11(G)(2)

Our review of consecutive sentences is governed by R.C. 2953.08(G)(2), which provides that to “increase, reduce, or otherwise modify a sentence,” an appellate court must “clearly and convincingly find 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)(a) requires an appellate court reviewing consecutive sentences to examine the record and modify or vacate the sentence if it clearly and convincingly finds that the record does not support the sentencing findings.

State v. Stewart · filed 2025-04-18(G)(2)(a)

“On appeals involving the imposition of consecutive sentences, R.C. 2953.08(G)(2)(a) directs the appellate court ‘to review the record, including the findings underlying the sentence’ and to modify or vacate the sentence ‘if it clearly and convincingly finds . . . [t]hat the record does not support the sentencing court's findings’ ” under R.C. 2929.14(C)(4). ... We cannot conclude that the record does not support the trial court's sentencing findings under R.C. 2929.14(C)(4).

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

State v. Angelen · filed 2025-04-24(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, the appellate “shall review the record, including the findings underlying the sentence . . . given by the sentencing court” and that it “may increase, reduce, or otherwise modify a sentence . . . or may vacate the sentence and remand the matter to the sentencing court for resentencing” if it “clearly and convincingly finds” that (1) “the record does not support the sentencing court’s findings” under particular statutory provisions that do not apply here or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G) limits appellate relief from a felony sentence to cases where the court clearly and convincingly finds that the required findings lack record support or that the sentence is otherwise contrary to law.

State v. Groh · filed 2025-04-28(G)

Ultimately, we do not determine, by clear and convincing evidence, that the record does not support the trial court’s findings under R.C. 2929.14(C)(4) or that the sentence is otherwise contrary to law. Marcum, 2016-Ohio-1002, at ¶ 1; R.C. 2953.08(G).

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

State v. Ramirez · filed 2025-05-01(G)(2)

Our review of felony sentencing is guided by R.C. 2953.08(G)(2), which states this court may “increase, reduce, or otherwise modify a sentence” or “vacate the sentence and remand the matter to the sentencing court for resentencing” upon finding that the sentence is “clearly and convincingly” “contrary to law.” ... Accordingly, the trial court imposed a sentence that is clearly and convincingly contrary to law when it sentenced Ramirez to pay child support while he was incarcerated along with a prison term.

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. Scott · filed 2025-05-02(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, 2021-Ohio-2788, ¶ 13 (2d Dist.).

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

State v. Godfrey · filed 2025-05-02(G)(2)

Pursuant to R.C. 2953.08(G)(2), a reviewing court may modify or vacate a felony sentence only if it finds by clear and convincing evidence that the record does not support the trial court’s findings or the sentence is otherwise contrary to law.

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

State v. Fong · filed 2025-05-02(G)(2)(a)

We may modify or vacate the sentence only if it clearly and convincingly finds that the evidence does not support the trial court’s R.C. 2929.14(C)(4) findings.

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

State v. Dantz · filed 2025-05-05(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, ¶ 7 (6th Dist.), citing R.C. 2953.08(G)(2).

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. Crisp · filed 2025-05-13(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.”

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

State v. Dodson · filed 2025-05-15(G)

We do not review the sentence for an abuse of discretion; rather we may take any action authorized by R.C. 2953.08(G) if we clearly and convincingly find either 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 modify consecutive sentences when it clearly and convincingly finds that the record does not support the required sentencing findings.

State v. McFarland · filed 2025-05-15(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) 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. Burt · filed 2025-05-16(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)(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. Simmons · filed 2025-05-22(G)(2)(a)

Under R.C. 2953.08(G)(2), an appellate court “must examine the evidence in the record that supports the trial court’s findings” and “may modify or vacate the sentence only if it ‘clearly and convincingly finds’ that the evidence does not support the trial court’s R.C. 2929.14(C)(4) findings.”

Section 2953.08(G)(2) permits an appellate court to vacate a felony sentence and remand for resentencing when the sentence does not comply with sentencing statutes or is otherwise contrary to law.

State v. Phillips · filed 2025-05-22(G)(2)

The appropriate standard of review on appeals challenging a sentence is set forth in R.C. 2953.08(G)(2). State v. Bonnell, 2014-Ohio-3177, ¶ 9. An appellate court may vacate a sentence and/or remand a matter to the trial court when a sentence does not comport with sentencing statutes, or when the sentence is otherwise contrary to law.

Section 2953.08(G) limits appellate review of a felony sentence to whether it is contrary to law, including whether it falls outside the statutory range or the sentencing court failed to consider R.C. 2929.11 and 2929.12.

State v. Bowen · filed 2025-04-11(G)

The inquiry is simply whether the sentence is contrary to law. A sentence is contrary to law when it falls outside the statutory range for the offense or if the sentencing court does not consider 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 clear and convincing evidence shows that the record does not support the required findings or the sentence is otherwise contrary to law.

State v. Heckler · filed 2025-05-27(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.” State v. Marcum, 2016-Ohio-1002, ¶ 1. ... Therefore, we do not find that his consecutive sentences were clearly and convincingly contrary to law.

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

State v. Blaskis · filed 2025-05-27(G)

Review of felony sentences is governed by R.C. 2953.08(G) which provides that the appellate court may increase, reduce, or modify a sentence, or vacate and remand the sentence, if it clearly and convincingly finds the sentence to be contrary to law.

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

State v. Crim · filed 2025-05-28(G)(2)(a)

And it may modify or vacate the sentence only if it "clearly and convincingly" finds that the evidence does not support the trial court's R.C. 2929.14(C)(4) findings. R.C. 2953.08(G)(2)(a). ... Upon review of the record, we find the trial court made the appropriate findings and court's imposition of consecutive sentences was supported by the record.

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

State v. Hoskins · filed 2025-05-30(G)(2)

“The plain language of R.C. 2953.08(G)(2) requires an appellate court to defer to the 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.” ... The court also made the requisite findings pursuant to R.C. 2929.14(C)(4), and we cannot conclude that the court’s findings were clearly and convincingly not supported 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. McCune · filed 2025-05-30(G)(2)

Accordingly, we find clearly and convincingly that the trial court’s imposition of consecutive sentences was contrary to law. We find appellant's assignment of error well-taken. Pursuant to R.C. 2953.08(G)(2), we vacate appellant’s sentence and remand the case to the sentencing court for resentencing.

Section 2953.08(G)(2) requires an appellate court to uphold a trial court’s consecutive-sentence findings unless they are clearly and convincingly unsupported by the record.

State v. Parks · filed 2025-05-30(G)(2)

"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." ... Upon review of the record, we find the trial court engaged in the correct analysis.

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

State v. Wilson · filed 2025-06-02(G)(2)

R.C. 2953.08(G)(2) does not allow an appellate court to reverse or modify a sentence because a trial court arguably abused its discretion. Glover, 2024-Ohio-5195, at ¶ 45. An appellate court may increase, decrease, or otherwise modify consecutive sentences only if it clearly and convincingly finds the record does not support the trial court's findings or it clearly and convincingly finds the sentence is contrary to law.

Section 2953.08(G)(2)(b) does not permit an appellate court to change a sentence based on its own weighing of the sentencing factors in R.C. 2929.11 and 2929.12.

State v. Iamandita · filed 2025-06-02(G)(2)(b)

An appellate court may modify or vacate a sentence only if it 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 required findings lack record support or that the sentence is contrary to law.

State v. Bolden · filed 2025-06-05(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to change 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. Ray · filed 2025-06-05(G)(2)

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

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

State v. Aladwan · filed 2025-06-05(G)(2)

An appellate court may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the 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 the record does not support the sentencing court’s findings or that the sentence is contrary to law.

State v. Doster · filed 2025-06-05(G)(2)

An appellate court may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court’s findings, 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 sentence based on its own view of how the record supports the sentencing factors in sections 2929.11 and 2929.12.

State v. Leighty · filed 2025-06-06(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 if it clearly and convincingly finds that the record does not support mandatory sentencing findings or that the sentence is otherwise contrary to law.

State v. Brunson · filed 2025-06-11(G)(2)

“Under R.C. 2953.08(G)(2), we may only modify or vacate [Brunson]’s sentence if we ‘clearly and convincingly find’ that either (1) the record does not support the mandatory sentencing findings, or (2) that the sentence is ‘otherwise contrary to law.’”

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

State v. Ledger · filed 2025-06-12(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)(b) permits an appellate court to vacate a felony sentence when it clearly and convincingly finds the sentence contrary to law.

State v. Smith · filed 2025-06-13(G)(2)(b)

Felony sentencing challenges are reviewed under R.C. 2953.08(G)(2). ... Because the trial court failed to make such a finding, the court’s imposition of consecutive sentences is clearly and convincingly contrary to law. ... Because we clearly and convincingly find that the trial court failed to make the second finding under R.C. 2929.14(C)(4), the portion of the trial court’s order imposing consecutive sentences must be vacated.

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

State v. Jenkins · filed 2025-06-18(G)(2)

We review felony sentences under the standard set forth in R.C. 2953.08(G)(2). State v. Marcum, 2016-Ohio-1002, ¶ 1, 21. Under the statute, 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) permits an appellate court to reverse consecutive sentences only if it clearly and convincingly finds that the record does not support the required findings.

State v. Thompson · filed 2025-06-20(G)(2)

Under R.C. 2953.08(G)(2), “where a trial court properly makes the findings mandated by R.C. 2929.14(C)(4), an appellate court may not reverse the trial court's imposition of consecutive sentences unless it first clearly and convincingly finds that the record does not support the trial court's findings.”

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

State v. Wuletich · filed 2025-06-20(G)(2)

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

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

State v. Cragwell · filed 2025-06-25(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 a felony sentence when clear and convincing evidence shows that the trial court’s sentencing-related findings lack record support or the sentence is otherwise contrary to law.

State v. Aleksic · filed 2025-06-25(G)(2)

When a felony sentence is challenged at this court, we are permitted under Ohio law to “increase, reduce, or otherwise modify” the sentence (or to remand the case to the trial court to do any of those things) if and only if “clear[] and convincing[]” evidence indicates that the trial court’s sentencing-related findings are not supported by the record or if the sentence is “otherwise contrary to law.” R.C. 2953.08(G)(2).

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

State v. Vansickle · filed 2025-06-26(G)(2)

Felony sentences are reviewed under R.C. 2953.08(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.” ... In the case sub judice, the sentence imposed by the trial court was within the statutory parameters and supported by the record.

Section 2953.08(G)(2)(b) allows review of whether a felony sentence is contrary to law, but does not allow an appellate court to vacate a sentence based on its view that the sentence is unsupported by the record under R.C. 2929.11 and 2929.12.

State v. McCain · filed 2025-06-27(G)(2)(b)

Thus, when we review a felony sentence imposed after considering the factors in R.C. 2929.11 and R.C. 2929.12, we do not examine whether the sentence was unsupported by the record; rather, we simply determine whether the sentence was contrary to law.

Section 2953.08(G)(2)(b) does not permit an appellate court to modify or vacate a felony sentence based on its own assessment of how the sentencing factors in R.C. 2929.11 and 2929.12 should be weighed.

State v. Bowling · filed 2025-06-30(G)(2)(b)

Yet 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, 2020-Ohio-6729, ¶ 39.

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

State v. Coffman · filed 2025-07-02(G)(2)

An appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing evidence that the record does not support the sentence. ... The record clearly supports the findings of the trial court, and the appellant’s consecutive sentences should be upheld.

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

State v. Stultz · filed 2025-06-06(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 clearly and convincingly finds that either of the following apply: ... (2) “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. Duran · filed 2025-06-20(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 reversal of a sentence only upon clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.

State v. Kendall · filed 2025-07-07(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 if clear and convincing evidence shows that the record does not support the required findings or that the sentence is contrary to law.

State v. Acy · filed 2025-07-14(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) limits appellate modification of consecutive sentences when the record supports the trial court’s required findings.

State v. Cheatham · filed 2025-07-18(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) governs appellate review of felony sentences and limits when an appellate court may change a sentence.

State v. Keck · filed 2025-07-22(G)(2)

Generally, felony sentences are reviewed under R.C. 2953.08(G)(2).

Section 2953.08(G) permits an appellate court to change 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. Taylor · filed 2025-07-25(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) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that required findings lack record support or that the sentence is contrary to law.

State v. Pullom · filed 2025-07-28(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.”

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. Quigley · filed 2025-07-29(G)(2)

We begin by observing that pursuant to R.C. 2953.08(G)(2), an appellate court will reverse a trial court’s sentencing decision “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. ... Furthermore, we do not find, clearly and convincingly, that the record fails to support the trial court’s findings or that the sentence is otherwise contrary to law.

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

State v. Smiley · filed 2025-07-29(G)(2)

An appellate court may modify or vacate a sentence if it clearly and convincingly finds that the record does not support the trial court’s findings under certain statutory provisions, or that the sentence is otherwise contrary to law.

Section 2953.08 bars review of a lawful sentence jointly recommended by the parties and imposed by the sentencing judge, and bars review under the section of an aggravated murder or murder sentence, while allowing appeals on constitutional grounds.

State v. Moore · filed 2025-07-29(D)(1) and (D)(3)

However, subsection (D)(1) states: "A sentence imposed upon a defendant is not subject to review under this section if the sentence is authorized by law, has been recommended jointly by the defendant and the prosecution in the case, and is imposed by a sentencing judge." Because the sentence imposed in this case meets all three criteria, it is not subject to review. ... In addition, subsection (D)(3) states: "A sentence imposed for aggravated murder or murder pursuant to sections 2929.02 to 2929.06 of the Revised Code is not subject to review under this section." ... But the Supreme Court of Ohio has noted: "R.C. 2953.08(D)(3) does not preclude an appeal of a sentence for aggravated murder or murder that is based on constitutional grounds." ... Under R.C. 2953.08(D)(1) and (3), Moore's sentence is not reviewable by this court.

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

State v. Miller · filed 2025-07-31(G)(2)

R.C. 2953.08(G)(2) makes it clear that if the court has properly made the required findings in order to impose consecutive sentences, we must affirm those sentences unless “we ‘clearly and convincingly’ find ‘[t]hat the record does not support the court’s findings[.]’” State v. Carson, 2015-Ohio-4183, ¶ 2 (8th Dist.) quoting R.C. 2953.08(G)(2).

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

State v. Mollett · filed 2025-08-11(G)(2)

“[A]n appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statues [identified in R.C. 2953.08(G)(2)(a)] or that 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. Davis · filed 2025-08-14(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court can overturn the imposition of consecutive sentences if the appellate court, upon review, 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.’” Id., quoting State v. Jones, 2024-Ohio-1083, ¶ 12; State v. Venes, 2013-Ohio-1891, ¶ 11 (8th Dist.).

Section 2953.08(G)(2)(a) does not apply when the trial court was not required to make particular findings.

State v. Cunningham · filed 2025-08-15(G)(2)(a)

In this case, the trial court was not required to make any particular findings, so R.C. 2953.08(G)(2)(a) is inapplicable.

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

State v. Pitts · filed 2025-08-18(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) permits an appellate court to modify consecutive sentences only if the record does not clearly and convincingly support the trial court’s required findings.

State v. Christian · filed 2025-08-20(G)(2)

“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)(a) permits an appellate court to modify or vacate consecutive sentences only when it clearly and convincingly finds that the record does not support the trial court’s findings.

State v. Lawrence · filed 2025-08-25(G)(2)(a)

Furthermore, pursuant to R.C. 2953.08(G)(2)(a), appellate court may only “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) requires an appellate court to uphold consecutive-sentence findings unless the record clearly and convincingly does not support them.

State v. Hilz · filed 2025-08-25(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 when it clearly and convincingly finds that a specified sentencing finding lacks record support or that the sentence is otherwise contrary to law.

State v. Lang · filed 2025-08-27(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. ... Lang’s sentence was within the applicable statutory range and not based on impermissible considerations; therefore, we have no basis for concluding that it is 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 the sentence contrary to law.

State v. Halasz · filed 2025-08-28(G)(2)

R.C. 2953.08(G)(2) governs appellate review of felony sentencing. To assess whether a trial court imposed a proper felony sentence, the court of appeals “shall review the record, including the findings underlying the sentence . . . given by the trial court.” R.C. 2953.08(G)(2). We may “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 that the sentence is contrary to law. R.C. 2953.08(G)(2)-(b).

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

State v. Kidd · filed 2025-09-05(G)

“When reviewing felony sentences, a court of appeals must apply the standard of review set forth in R.C. 2953.08(G).” State v. Williams, 2022-Ohio-2897, ¶ 18 (2d Dist.), citing State v. Farra, 2022-Ohio-1421, ¶ 73 (2d Dist.). 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 that either (1) the record does not support certain specified findings or (2) the sentence imposed is contrary to law. State v. Worthen, 2021-Ohio-2788, ¶ 13 (2d Dist.).

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

State v. Riley · filed 2025-09-11(G)(2)

When evaluating a trial court’s imposition of consecutive sentences, an appellate court must “review the record, including findings underlying the sentence” and may modify or vacate the sentence only “if it 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.” R.C. 2953.08(G)(2).

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. Howard · filed 2025-09-11(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.” ... Under the totality of these circumstances, we are unable to clearly and convincingly find the record does not support the trial court’s findings under R.C. 2929.14(C)(4), or that the sentence is otherwise contrary to law.

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

State v. Davis · filed 2025-09-17(G)(2)

An appellate court may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the 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 only when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Brefford · filed 2025-09-23(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, including R.C. 2929.14(C)(4); or (2) the sentence is otherwise contrary to law.

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

State v. Mosley · filed 2025-09-24(G)(2)(a)

Under R.C. 2953.08(G)(2)(a), an appellate court may review the trial court’s consecutive-sentence findings, and it may “increase, reduce, or otherwise modify” consecutive sentences only if it “clearly and convincingly” finds that the record does not support the trial court’s findings.

Section 2953.08(G)(2) permits an appellate court to change 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. Roberts · filed 2025-09-25(G)(2)

Under the statute, 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) permits an appellate court to vacate a felony sentence when clear and convincing evidence shows that the sentence is contrary to law.

State v. Mynatt · filed 2025-09-25(G)(2)

Appellate review of felony sentences is governed by R.C. 2953.08(G)(2), which states 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, 2016-Ohio-1002, ¶ 1, 21. ... Thus, on the authority of Paige and Hitchcock, the sentence in CR-24-695091-A was contrary to law.

Section 2953.08(G)(2) does not permit an appellate court to modify a felony sentence merely because it disagrees with the trial court’s weighing of the sentencing factors.

State v. Ankrom · filed 2025-09-25(G)(2)

An appellate court may not modify a sentence simply because it disagrees with the trial court’s weighing of R.C. 2929.11 and 2929.12 factors.

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. Deitenbeck · filed 2025-09-26(G)(2)

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

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

State v. Curry · filed 2025-09-29(G)(2)

An appellate court may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court’s findings, or the sentence is otherwise contrary to law. R.C. 2953.08(G)(2); State v. Bonnell, 2014 -Ohio-3177, ¶ 28.

Section 2953.08(G) permits an appellate court to change 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. Shanks · filed 2025-10-03(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). Under this 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)(a) permits an appellate court to modify or vacate a sentence if it clearly and convincingly finds that the record does not support the sentencing court’s findings.

State v. Kuehl · filed 2025-10-03(G)(2)(a)

R.C. 2953.08(G)(2)(a) provides that an appellate court can “increase, reduce, or otherwise modify a sentence that is appealed . . . 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.”

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 otherwise contrary to law.

State v. Hake · filed 2025-10-06(G)(2)

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

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

State v. Hutchinson · filed 2025-10-06(G)(2)

“The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing … if it clearly and convincingly finds either … [t]hat the record does not support the sentencing court’s findings under division … (C)(4) of section 2929.14 [to impose consecutive sentences]” or “[t]hat the sentence is … contrary to law.” ... Hutchinson’s sentence is not contrary to law.

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

State v. Slagle · filed 2025-10-08(G)(2)(a)

Thus, we may vacate or modify the appellant’s sentence only if we find by clear and convincing evidence that the record does not support it.

Section 2953.08(G) limits appellate review of consecutive sentences, when the trial court made the required findings, to whether the record clearly and convincingly does not support those sentences.

State v. Gazella · filed 2025-10-06(G)

In cases where the trial court makes the appropriate findings to impose consecutive sentences, as it did in this case, this court’s review of the record is limited to determine whether the record clearly and convincingly does not support the imposition 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 sentencing court’s findings or that the sentence is otherwise contrary to law.

State v. Sines-Riley · filed 2025-09-03(G)(2)

An appellate court may 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 independently reweigh sentencing evidence or substitute its judgment for the trial court’s.

State v. Fuller · filed 2025-10-23(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 or vacate a felony sentence only if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Daniels · filed 2025-10-24(G)(2)

Under this 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 a felony sentence or vacate it and remand for resentencing when the court clearly and convincingly finds the sentence contrary to law.

State v. Hoekwatter · filed 2025-10-28(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 clearly and convincingly finds, inter alia, that the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a sentence for lack of record support only when it finds that lack by clear and convincing evidence.

State v. Virgili · filed 2025-10-28(G)(2)

Thus, we may vacate or modify the appellant’s sentence only if we find by clear and convincing evidence that the record does not support it.

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

State v. Wyke · filed 2025-10-28(G)(2)

Further, in Drummond we observed that 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 to uphold the trial court's findings unless those findings are clearly and convincingly not supported by the record.

Section 2953.08(G) permits an appellate court to vacate and remand a felony sentence it clearly and convincingly finds contrary to law, including when required sentencing notifications were omitted.

State v. Ackerman · filed 2025-10-31(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.). ... We agree that the trial court failed to fully comply with R.C. 2929.19(B)(2)(c), and therefore, Ackerman’s sentence for complicity to felonious assault is contrary to law.

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

State v. Clark · filed 2025-11-03(G)(2)(a)

Clark essentially asks this Court to reweigh the evidence and determine that his sentences are inconsistent with R.C. 2929.11 and 2929.12. Pursuant to Jones, this court is not permitted to do so.

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

State v. Barber · filed 2025-11-07(G)(2)

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

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

State v. Lockett · filed 2025-11-07(G)(2)

And as to the consecutive-sentences findings, under the plain language of R.C. 2953.08(G)(2), an appellate court must defer to a trial court’s consecutive- sentence findings and uphold those findings “unless [they] are clearly and convincingly not supported by the record.”

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

State v. Loy · filed 2025-11-17(G)(2)

The task before an appellate court is not to conduct a comparative analysis of sentences in other case in relation to the one before it, but to determine whether the record clearly and convincingly does not support the trial court’s findings. Id. at ¶ 59 and R.C. 2953.08(G)(2). ... Given all of this evidence, this Court does not find that the evidence clearly and convincingly contradicts the trial court’s findings.

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. Monroe · filed 2025-11-21(G)(2)

Under this statute, an appellate court may increase, reduce, or otherwise 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 (including those in R.C. 2929.14(C)(4), which concern the imposition of consecutive sentences); or (2) that the sentence imposed 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 trial court findings lack record support or that the sentence is contrary to law.

State v. Art · filed 2025-11-24(G)(2)

An appellate court may modify or vacate a sentence if it clearly and convincingly finds that the record does not support the trial court’s findings under certain statutory provisions, or that the sentence is otherwise contrary to law.

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

State v. Gill · filed 2025-11-25(G)(2)

From the record of the sentencing hearing, this court cannot clearly and convincingly find that the trial court did not make the required finding under R.C. 2929.14(C)(4)(b).

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

State v. White · filed 2025-11-26(G)(2)

To determine whether the trial court imposed a proper felony sentence, an appellate court must “review the record, including findings underlying the sentence” and may modify or vacate the sentence only “if it 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.” R.C. 2953.08(G)(2).