Ohio Rev. Code Ann. § 2953.08
Appeal of felony sentence: the cases that interpreted this section
The Ohio Supreme Court later held that § 2953.08(G) no longer applies insofar as it refers to sentencing provisions severed in State v. Foster.
7,098 citing cases reviewed of 10,680 in the citation index: 6,121 interpreted the section (annotated below), 977 cited it only in passing. Cases filed after 2026-06-29 may not have been reviewed yet.
Have a situation under Ohio Rev. Code Ann. § 2953.08?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Appellate review of felony sentences
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 relevant findings or the sentence is otherwise contrary to law.
State v. Frericks · filed 2025-12-01(G)(2)
Under R.C. 2953.08(G)(2), an appellate 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.”Read the full opinion on CourtListener →
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 required findings or that the sentence is otherwise contrary to law.
State v. Hayes · filed 2025-12-02(G)(2)
A reviewing court may modify or vacate a sentence only if it clearly and convincingly finds that (1) the record does not support the trial court’s findings under the relevant statutory provisions, or (2) the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits a reviewing 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 or the sentence is contrary to law.
State v. Harris · filed 2025-12-05(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 contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence when the record does not support the required findings or the sentence is otherwise contrary to law.
State v. Creamer · filed 2025-12-05(G)(2)
The sentencing issue raised by Creamer does not relate to any of the findings under the relevant statutes listed under R.C. 2953.08(G)(2); the only issue is whether Creamer’s sentence is “otherwise contrary to law.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.
State v. Giles · filed 2025-12-08(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.”Read the full opinion on CourtListener →
Section 2953.08(G)(2)(a) does not permit review of a presumed prison sentence under section 2929.13(D) when the sentencing court made no findings to overcome the presumption.
State v. Mann · filed 2025-12-08(G)(2)(a)
Where, as here, a prison sentence is presumed, R.C. 2953.08 “specifically precludes review of the imposed sentence” under R.C. 2929.13(D) because there are no underlying findings that this Court can review.Read the full opinion on CourtListener →
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. Clay · filed 2025-10-27(G)(2)
When reviewing consecutive sentences on appeal, “[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.” State v. Gwynne, 2023-Ohio-3851, ¶ 5.Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires a clear and convincing showing that a felony sentence is contrary to law before an appellate court may set it aside on that ground.
State v. Fairbanks · filed 2025-10-27(G)(2)
Consequently, Appellant has not clearly and convincingly established that his sentence is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a sentence only if it is clearly and convincingly contrary to law.
State v. Conley · filed 2025-12-11(G)(2)
Pursuant to R.C. 2953.08(G)(2), “[a]n appellate court may modify or vacate a sentence only if it is clearly and convincingly contrary to law.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) sets the clear-and-convincing-evidence standard for appellate review of whether the record supports a felony sentence.
State v. Vanvalkenburg · filed 2025-12-15(G)(2)
Felony sentences are reviewed under R.C. 2953.08(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.Read the full opinion on CourtListener →
Section 2953.08 governs appellate review of felony sentences; a sentence is contrary to law if it falls outside the statutory range or is based on improper considerations.
State v. Kennedy · filed 2025-12-15
We review felony sentences under R.C. 2953.08. A sentence is contrary to law if it falls outside the statutory range or is based on improper considerations.Read the full opinion on CourtListener →
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. Akins · filed 2025-12-18(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 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 (2) the sentence is “otherwise contrary to law.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires clear and convincing evidence that the record does not support the required findings before an appellate court may modify consecutive felony sentences.
State v. Wojciechowski · filed 2025-12-19(G)(2)
Because appellant did not meet his burden to show by clear and convincing evidence that his consecutive sentences are not supported by the record, we have no basis for concluding that appellant’s consecutive sentence is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G) permits an appellate court to change or vacate a felony sentence if it clearly and convincingly finds the sentence contrary to law.
State v. Wyman · filed 2025-12-22(G)
Felony sentences are 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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify a consecutive sentence only when it clearly and convincingly finds that the record does not support the required findings or that the sentence is contrary to law.
State v. Walters · filed 2025-12-22(G)(2)
The Supreme Court of Ohio recently clarified the standard of review this Court is to apply in reviewing consecutive sentences, and stated as follows: ... Only when the court of appeals concludes that the record clearly and convincingly does not support the trial court’s findings or it clearly and convincingly finds that the sentence is contrary to law is it permitted to modify the trial court’s sentence. ... Upon review of the record, we find the trial court made the appropriate findings and the court’s imposition of consecutive sentences was supported by the record.Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows 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. Cannon · filed 2025-12-23(G)(2)
The standard of review for an appeal of a felony sentence is governed by R.C. 2953.08(G)(2). See State v. Marcum, 2016-Ohio-1002, ¶ 1. An appellate court may vacate or modify a felony sentence on appeal if it determines by clear and convincing evidence that the sentence is contrary to law.Read the full opinion on CourtListener →
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. Lewis · filed 2025-12-24(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.’”Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.
State v. Dircksen · filed 2025-12-29(G)(2)
Under R.C. 2953.08(G)(2), an appellate court may vacate or modify a sentence “only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 2016-Ohio-1002, ¶ 1.Read the full opinion on CourtListener →
Section 2953.08(G)(2) limits appellate review of consecutive felony sentences to whether the record clearly and convincingly fails to support the trial court’s statutory findings.
State v. Jordan · filed 2025-12-31(G)(2)
As such, our review is limited to whether the record clearly and convincingly does not support the lower court’s findings under R.C. 2929.14(C)(4) as applied to the consecutive sentences imposed.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to alter a felony sentence only if it clearly and convincingly finds that specified findings lack record support or the sentence is contrary to law.
State v. Latham · filed 2026-01-02(G)(2)
In considering sentences, appellate courts are required to “‘review the record, including the findings underlying the sentence or modification given by the sentencing court.’” State v. Marcum, 2016-Ohio-1002, ¶ 9, quoting R.C. 2953.08(G)(2). Under this section of the statute, an appellate court may increase, reduce, or modify sentences, or vacate them and remand for sentencing, only if the court “‘clearly and convincingly’” finds that either (1) the record fails to support certain specified findings or (2) the sentence is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G) allows an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.
State v. Holden · filed 2026-01-02(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.” State v. Worthen, 2021-Ohio-2788, ¶ 13 (2d Dist.).Read the full opinion on CourtListener →
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. Haskins · filed 2026-01-06(G)(2)(b)
None of the statutes in R.C. 2953.08(G)(2)(a) is applicable to Haskins’s case, so we can only vacate and remand Haskins’s sentence if we find that it is otherwise contrary to law.Read the full opinion on CourtListener →
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. Hanson · filed 2026-01-09(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.” State v. Worthen, 2021-Ohio-2788, ¶ 13 (2d Dist.).Read the full opinion on CourtListener →
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. Henthorne · filed 2026-01-09(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence 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. Jones · filed 2026-01-12(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a sentence only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.
State v. Meeks · filed 2026-01-12(G)(2)
Under R.C. 2953.08(G)(2), an appellate court may vacate or modify a sentence “only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 2016-Ohio-1002, ¶ 1.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(a) permits an appellate court to vacate consecutive sentences when it clearly and convincingly finds that the record does not support the trial court’s findings.
State v. Spack · filed 2026-01-15(G)(2)(a)
The authority of an appellate court in Ohio to vacate a sentence is closely circumscribed by the plain language of R.C. 2953.08(G). We are prohibited from vacating a sentence because we would have imposed a lesser sentence or because there is clear and convincing evidence in the record that supports the imposition of a lesser sentence.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence only on clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.
State v. Burroughs · filed 2026-01-20(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, 2023-Ohio-254, ¶ 7 (3d Dist.), quoting State v. Marcum, 2016-Ohio-1002, ¶ 1.Read the full opinion on CourtListener →
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. Summerville · filed 2026-01-21(G)(2)
This Court has previously stated, “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.” Roth, 2018-Ohio-4005, ¶ 20 (5th Dist.).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the consecutive-sentence findings lack record support or that the sentence is contrary to law.
State v. Lucas · filed 2026-01-27(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.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to reverse a sentence 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. Holdcraft · filed 2026-01-12(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, 2016-Ohio-1002, ¶ 1.Read the full opinion on CourtListener →
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. Rideout · filed 2026-02-02(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.”Read the full opinion on CourtListener →
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. Pigg · filed 2026-02-06(G)(2)
When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G)(2). State v. Marcum, 2016-Ohio-1002, ¶ 7. 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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.
State v. Thorpe · filed 2026-02-06(G)(2)
Pursuant to R.C. 2953.08(G)(2), an appellate court may either increase, reduce, modify, or vacate a sentence and remand for resentencing if the court clearly and convincingly finds 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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) does not permit an appellate court to reweigh the evidence and substitute its judgment about a sentence’s compliance with R.C. 2929.11 and 2929.12.
State v. Krouse · filed 2026-02-09(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.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.
State v. McLaughlin · filed 2026-02-17(G)(2)
The Ohio Supreme Court 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, 2016-Ohio-1002, ¶ 1; R.C. 2953.08(G)(2). ... We accordingly conclude that Mr. McLaughlin has not established that the record does not support the trial court’s findings or that the imposition of is sentence is otherwise contrary to law.Read the full opinion on CourtListener →
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. McDonald · filed 2026-02-19(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence if it clearly and convincingly finds that specified sentencing findings lack record support or the sentence is contrary to law.
State v. Humphrey · filed 2026-02-23(G)(2)
Pursuant to R.C. 2953.08(G)(2), an appellate court may either increase, reduce, modify, or vacate a sentence and remand for resentencing if the court clearly and convincingly finds 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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) limits when an appellate court may modify or vacate a felony sentence based on the record's support for that sentence.
State v. Canter · filed 2026-02-23(G)(2)
Therefore, this Court cannot modify or vacate a felony sentence unless we clearly and convincingly find that the record does not support the sentence.Read the full opinion on CourtListener →
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 statutory findings or that the sentence is contrary to law.
State v. Bullock · filed 2026-03-02(G)(2)
Under R.C. 2953.08(G)(2), we may vacate or modify a felony sentence only if we clearly and convincingly find that the record does not support the court's statutory findings or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only if clear and convincing evidence shows that the record does not support the trial court’s findings or that the sentence is contrary to law.
State v. Head · filed 2026-03-02(G)(2)
The Ohio Supreme Court 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, 2016-Ohio-1002, ¶ 1; R.C. 2953.08(G)(2). ... We accordingly conclude that Mr. Head has not established that the record does not support the trial court’s findings or that the imposition of his sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) bars abuse-of-discretion review of felony sentences and allows an appellate court to vacate or modify a sentence only upon clear and convincing evidence that the relevant findings lack record support or the sentence is contrary to law.
State v. Nagorka · filed 2026-03-02(G)(2)
In reviewing a felony sentence, “[t]he . . . standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(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.” State v. Marcum, 2016-Ohio-1002, ¶ 1.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.
State v. McInnes · filed 2026-03-05(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.”Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is contrary to law.
State v. Green · filed 2026-03-05(G)(2)(b)
This court may “increase, reduce, or otherwise modify a sentence . . . [or] 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 the sentencing court’s findings or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
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. Coppa · filed 2026-03-09(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.’” State v. Lamb, 2023-Ohio-2834, ¶ 9 (11th Dist.), quoting R.C. 2953.08(G)(2)(b); see State v. Meeks, 2023-Ohio-988, ¶ 11 (11th Dist.); see also State v. Gwynne, 2023-Ohio-3851, ¶ 13.Read the full opinion on CourtListener →
Section 2953.08(G)(2) does not permit an appellate court to reweigh the evidence or substitute its judgment for the trial court’s when reviewing how a sentence reflects R.C. 2929.11 and 2929.12.
State v. Fincher · filed 2026-03-10(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 "concerning the sentence that best reflects compliance with R.C. 2929.11 [purposes and principles of felony sentencing] and 2929.12 [seriousness and recidivism factors]."Read the full opinion on CourtListener →
Section 2953.08(G)(2)(a) permits an appellate court to modify a felony sentence that it clearly and convincingly finds contrary to law.
State v. Harrell · filed 2026-02-06(G)(2)(a)
In addition, we may increase, reduce, or modify a felony sentence that is clearly and convincingly contrary to law.Read the full opinion on CourtListener →
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.
State v. Wilson · filed 2026-03-20(G)(2)
R.C. 2953.08(G)(2) allows for modification or vacation only when the appellate court “clearly and convincingly finds” that the evidence does not support the trial court’s findings.Read the full opinion on CourtListener →
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 the required statutory findings or that the sentence is otherwise contrary to law.
State v. Payne · filed 2026-03-23(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. ... At the very least, Payne has not met his burden to establish by clear and convincing evidence that his sentence was contrary to law.Read the full opinion on CourtListener →
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 trial court’s required findings.
State v. Farler · filed 2026-03-27(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.” ... Upon review, we do not clearly and convincingly find that the record fails to support the trial court’s consecutive-sentence findings.Read the full opinion on CourtListener →
Section 2953.08(G)(2) bars an appellate court from independently reweighing the evidence supporting consecutive felony sentences and permits reversal when the court clearly and convincingly finds the required sentencing findings lacking or unsupported.
State v. Adams · filed 2026-03-30(G)(2)
We may not independently weigh the evidence and substitute our judgment for that of the trial court regarding the sentence. Consecutive sentences can only be reversed or modified if we clearly and convincingly find that the trial court failed to make the findings required by R.C. 2929.14(C)(4) or that the record does not support the trial court’s findings.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits 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. Carner · filed 2026-03-31(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.” ... Having reviewed the record, this Court concludes that the trial court made the required findings at the sentencing hearing, incorporated its findings into the sentencing entry, and that the record clearly and convincingly supports those findings. See R.C. 2953.08(G)(2); Bonnell, 2014-Ohio-3177, at ¶ 28-29.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence when it clearly and convincingly finds that the sentence is contrary to law.
State v. Blevins · filed 2026-04-01(G)(2)
When reviewing felony sentences, appellate courts apply the standard set forth in R.C. 2953.08(G)(2). ... The statute authorizes appellate courts to “increase, reduce, or otherwise modify a sentence” “if it clearly and convincingly finds either of the following”: ... (b) That the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the sentencing court’s findings lack record support or that the sentence is otherwise contrary to law.
State v. Clark · filed 2026-04-09(G)(2)
This court may “increase, reduce, or otherwise modify a sentence . . . [or] 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 the sentencing court’s findings or that the sentence is otherwise contrary to law. ... We also do not clearly and convincingly find that Clark’s sentence was unsupported by the record or otherwise contrary to law.Read the full opinion on CourtListener →
When the findings listed in § 2953.08(G)(2) are not required, an appellate court may modify or vacate a felony sentence only if it is otherwise contrary to law.
State v. Taylor · filed 2026-04-10(G)(2)
Here, the trial court was not required to make any findings under the relevant statutes enumerated in R.C. 2953.08(G)(2); therefore, Taylor’s sentence may be modified or vacated on appeal only if the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(a) permits an appellate court to vacate or modify a felony sentence when it clearly and convincingly finds that the record does not support the trial court’s statutory findings.
State v. Williams · filed 2026-04-20(G)(2)(a)
As previously stated, this Court reviews the imposition of felony sentences pursuant to R.C. 2953.08(G)(2)(a). This 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 the relevant statutes or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G) does not permit an appellate court to vacate or modify a felony sentence merely because it believes the sentence is unsupported by the record under R.C. 2929.11 or R.C. 2929.12.
State v. Boggs · filed 2026-04-24(G)
When reviewing a felony sentence, we apply the standards found in R.C. 2953.08(G). This statute does not permit an appellate court to vacate or modify a sentence based on its belief that the sentence is unsupported by the record under R.C. 2929.11, which addresses the purposes of felony sentencing, or R.C. 2929.12, which lists factors to consider in felony sentencing.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds the sentence otherwise contrary to law.
State v. Kendrick · filed 2026-04-27(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 . . . [otherwise] contrary to law.’” State v. Lamb, 2023-Ohio-2834, ¶ 9 (11th Dist.), quoting R.C. 2953.08(G)(2)(b), and citing State v. Meeks, 2023-Ohio-988, ¶ 11 (11th Dist.).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify consecutive sentences only when the record does not clearly and convincingly support the trial court’s required findings.
State v. Burge · filed 2026-04-30(G)(2)
In State v. Gwynne, 2023-Ohio-3851, 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 otherwise modify consecutive sentences if the record does not “clearly and convincingly” support the trial court’s R.C. 2929.14(C)(4) findings. ... In this case, we find that the trial court made the findings required by R.C. 2929.14(C)(4) both at the sentencing hearing and in its judgment entry, and that the record clearly and convincingly supports these findings.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to alter a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.
State v. Betz · filed 2026-03-31(G)(2)
For these reasons, we cannot clearly nor convincingly find that the record does not support the sentencing court’s findings under division (B) of section 2929.13, or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only when clear and convincing evidence shows that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.
State v. Tolliver · filed 2026-05-04(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) governs review of a prison sentence imposed after community control is revoked and permits the appellate court to vacate it for specified unsupported findings or because it is contrary to law.
State v. Wiggers · filed 2026-04-08(G)(2)
In part, R.C. 2953.08(G)(2), permits this court to vacate a sentence if the record does not clearly and convincingly support certain specified findings, or if the sentence is “otherwise contrary to law.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) 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 sentence is contrary to law.
State v. Hess · filed 2026-05-05(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to vacate or modify a felony sentence when it finds by clear and convincing evidence that the record does not support the sentencing findings.
State v. Grant · filed 2026-05-05(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) excludes abuse-of-discretion review of a felony sentence and permits an appellate court to vacate or modify the sentence only upon a clear-and-convincing-evidence determination that the required findings lack record support or the sentence is contrary to law.
State v. Jouett · filed 2026-05-11(G)(2)
In reviewing a felony sentence, “[t]he appellate court’s standard of review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2). “[A]n appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 2016-Ohio-1002, ¶ 1.Read the full opinion on CourtListener →
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 required statutory findings or that the sentence is otherwise contrary to law.
State v. Wright · filed 2026-05-11(G)(2)
A reviewing court may modify or vacate a sentence only if it clearly and convincingly finds that (1) the record does not support the trial court’s findings under the relevant statutory provisions, or (2) the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is contrary to law.
State v. Moncrief · filed 2026-05-14(G)(2)(b)
This court may “increase, reduce, or otherwise modify a sentence . . . [or] 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 the sentencing court’s findings or that the sentence is otherwise contrary to law. R.C. 2953.08(G)(2)(b).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate and remand a felony sentence that does not comply with sentencing statutes or is otherwise contrary to law.
State v. Green · filed 2026-05-18(G)(2)
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.”Read the full opinion on CourtListener →
Section 2953.08 permits an appellate court to vacate a felony sentence it clearly and convincingly finds contrary to law.
State v. Green · filed 2026-05-19
We review felony sentences under R.C. 2953.08. ... An appellate court may modify or vacate a sentence if it clearly and convincingly finds that the sentence is contrary to law.Read the full opinion on CourtListener →
Section 2953.08 allows an appellate court to vacate a felony sentence and remand for resentencing when clear and convincing evidence shows that the sentence is contrary to law.
State v. Berentz · filed 2026-05-20(G)(2)
Felony sentences are reviewed under the standard explained in R.C. 2953.08. State v. Corbett, 2023-Ohio-556, ¶ 24 (5th Dist.). That statute allows an appellate court to either increase, reduce, modify, or vacate a sentence and remand for resentencing if it finds, by clear and convincing evidence, that the sentence either is not supported by the record or is otherwise contrary to law. Id. at ¶ 25.Read the full opinion on CourtListener →
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 specified sentencing findings.
State v. Powell · filed 2026-05-20(G)(2)
Appellate courts review felony sentences under the standard outlined in R.C. 2953.08(G)(2). ... Appellant challenges whether the record supports the trial court's findings under R.C. 2929.14(C)(4), as well as the trial court’s findings under R.C. 2929.14(C)(4)(b), but after reviewing the entire record, we do not clearly and convincingly find that the record does not support these findings.Read the full opinion on CourtListener →
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. Rutherford · filed 2026-05-22(G)
When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). State v. Worthen, 2021-Ohio-2788, ¶ 13 (2d Dist.). Under this standard, 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.” Id.Read the full opinion on CourtListener →
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. Schmidt · filed 2026-05-26(G)(2)
The standard of review for felony sentences is governed by 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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that required sentencing findings lack record support or that the sentence is otherwise contrary to law.
State v. Overman · filed 2026-05-28(G)(2)
Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly finds either that the record does not support the sentencing court’s findings as required by certain sentencing statutes or the sentence is “otherwise contrary to law.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to modify or vacate a sentence imposed after a community control violation only if it clearly and convincingly finds that the record does not support the trial court’s findings or the sentence is otherwise contrary to law.
State v. Lusby · filed 2026-05-28(G)(2)
A sentence imposed following a community control violation is reviewed under R.C. 2953.08(G)(2). ... An appellate court may modify or vacate a sentence only if it clearly and convincingly finds that the record does not support the trial court’s findings or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
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. Freiburger · filed 2026-05-29(G)(2)(a)
An appellate court may modify or vacate the imposition of consecutive sentences, but only when it concludes that the record clearly and convincingly does not support the trial court’s findings.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to change or vacate a sentence based on consecutive-sentence findings only when it clearly and convincingly finds that the record does not support them.
State v. Ashton · filed 2026-05-29(G)(2)
Notably, before an appellate court may increase, reduce, or otherwise modify a sentence, or vacate a sentence and remand the matter for resentencing, we must clearly and convincingly find that the record does not support the trial court’s findings under R.C. 2929.14(C)(4)(b).Read the full opinion on CourtListener →
Section 2953.08(G)(2) does not permit an appellate court to independently reweigh sentencing factors under R.C. 2929.11 and 2929.12 to modify or vacate a felony sentence.
State v. Mason · filed 2026-06-01(G)(2)
In other words, nothing in R.C. 2953.08(G)(2) permits an appellate court to conduct a "freestanding inquiry" into the sentencing factors such as Mason now urges us to undertake.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) does not allow an appellate court to vacate a felony sentence based solely on its view that the record does not support the sentencing factors in sections 2929.11 and 2929.12; the court determines whether the sentence is contrary to law.
State v. Funaro · filed 2026-06-05(G)(2)(b)
Thus, when R.C. 2929.11 and 2929.12 are the only felony sentencing considerations, we do not examine whether the sentence was unsupported by the record; rather, we simply determine whether the sentence is contrary to law.Read the full opinion on CourtListener →
Section 2953.08 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. Anderson · filed 2026-06-05
R.C. 2953.08 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), R.C. 2929.14(B)(2)(e) or (C)(4), or R.C. 2929.20(I), or the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence upon a clear and convincing finding that the record does not support required findings or that the sentence is otherwise contrary to law.
State v. Noble · filed 2026-06-08(G)(2)
A felony sentence is reviewed under the standard in R.C. 2953.08(G)(2). ... Pursuant to that provision, an appellate court may modify or vacate a sentence if it 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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only when it is firmly convinced that specified sentencing findings lack record support or that the sentence is contrary to law.
State v. A.K. · filed 2026-06-09(G)(2)
As applied to R.C. 2953.08(G)(2), therefore, “clearly and convincingly” means that an appellate court must hold a firm belief or conviction–or find it “highly probable or reasonably certain”–that (1) “the record does not support the sentencing court’s findings” under specified statutes, like R.C. 2929.14(C)(4), R.C. 2953.08(G)(2)(a), or (2) “the sentence is otherwise contrary to law,” 2953.08(G)(2)(b).Read the full opinion on CourtListener →
Section 2953.08(G)(2)(a) permits an appellate court to modify a consecutive sentence when it clearly and convincingly finds that the record does not support the trial court’s findings.
State v. Minnich · filed 2026-06-11(G)(2)(a)
We do not clearly and convincingly find the record does not support the trial court’s findings concerning the imposition of consecutive sentences.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) does not permit an appellate court to modify or vacate a felony sentence merely because it finds the sentence unsupported by the record under R.C. 2929.11 and 2929.12.
State v. Mallow · filed 2026-06-12(G)(2)(b)
The Ohio Supreme Court has stated that R.C. 2953.08(G)(2)(b) “does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.” State v. Jones, 2020-Ohio-6729, ¶ 39. Accordingly, “[w]hen reviewing felony sentences that are imposed solely after considering the factors in R.C. 2929.11 and R.C. 2929.12, we do not analyze whether those sentences are unsupported by the record.” State v. McDaniel, 2021-Ohio-1519, ¶ 11 (2d Dist.).Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) permits an appellate court to vacate and remand a felony sentence it clearly and convincingly finds contrary to law.
State v. Young · filed 2026-06-12(G)(2)(b)
The statute allows an appellate court to increase, reduce, or otherwise modify a sentence or vacate the sentence and remand the matter for resentencing only if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only when it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is contrary to law.
State v. Ramirez · filed 2026-06-15(G)(2)
Rather, a felony sentence is reviewed under the standard set forth in R.C. 2953.08(G)(2). Marcum at ¶ 1. Under that provision, an appellate court may vacate or modify a prison sentence only if it clearly and convincingly finds either that the record does not support the sentencing court's findings under certain specified statutory provisions such as R.C. 2929.14(C)(4), or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
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 record does not support the required sentencing findings or that the sentence is otherwise contrary to law.
State v. Eskridge · filed 2026-06-15(G)(2)
We review felony sentences under R.C. 2953.08(G)(2). An appellate court may vacate or modify a felony sentence only if it clearly and convincingly finds either that the record does not support the sentencing court’s findings under the enumerated statutes, or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
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 sentencing findings or that the sentence is otherwise contrary to law.
State v. Poole · filed 2026-06-16(G)(2)
Under that statute, an appellate court may modify or vacate a sentence only if it clearly and convincingly finds either (1) the record does not support the sentencing court’s findings under certain statutes, none of which are applicable in this case, or (2) the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
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 otherwise contrary to law.
State v. Lunsford · filed 2026-06-18(G)(2)
Under R.C. 2953.08(G)(2), an appellate court “shall review the record, including the findings underlying the sentence or modification given by the sentencing court” and may increase, reduce, modify, or vacate and remand the sentence for resentencing but only if it clearly and convincingly finds either of the following: (a) That the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant; (b) That the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that required sentencing findings lack record support or that the sentence is otherwise contrary to law.
State v. Hampton · filed 2026-06-18(G)(2)
Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly finds either that the record does not support the sentencing court’s findings as required by certain sentencing statutes or the sentence is “otherwise contrary to law.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the record does not support the required sentencing findings or that the sentence is otherwise contrary to law.
State v. Hargraves · filed 2026-06-22(G)(2)
Pursuant to R.C. 2953.08(G)(2), an appellate court may modify or vacate a felony sentence only if it clearly and convincingly finds either that (1) the record does not support the sentencing court’s findings under the applicable statutes, or (2) the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify 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. Catlin · filed 2026-06-23(G)(2)
We review felony sentences under R.C. 2953.08(G)(2). An appellate court may vacate or modify a felony sentence only if it clearly and convincingly finds either that the record does not support the sentencing court’s findings under the enumerated statutes, or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) allows an appellate court to undo a felony sentence if clear and convincing evidence shows it is contrary to law.
State v. Mullins · filed 2026-06-23(G)(2)(b)
We are empowered to undo a felony sentence if we find, by clear and convincing evidence, that the sentence is “contrary to law.” R.C. 2953.08(G)(2)(b).Read the full opinion on CourtListener →
Section 2953.08(G)(2) supplies the standard for appellate review of a felony sentence.
State v. Brock · filed 2026-06-01(G)(2)
A felony sentence is reviewed under the standard set forth in R.C. 2953.08(G)(2).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits modification of consecutive sentences only when the appellate court 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. Rogers · filed 2026-06-11(G)(2)
Thus, an appellate court may increase, decrease, 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 sentence is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) governs review of a prison sentence imposed after community control is revoked; the appellate court asks whether the entire record clearly and convincingly shows that the sentence is contrary to law.
State v. Lescody · filed 2026-05-28(G)(2)
As such, this Court's review is whether the entire record clearly and convincingly demonstrates that the sentence is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires an appellate court to uphold consecutive-sentence findings unless they are clearly and convincingly unsupported by the record.
State v. Worden · filed 2026-06-24(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."Read the full opinion on CourtListener →
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. Kish · filed 2026-06-25(G)(2)
Under 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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only when it clearly and convincingly finds that specified findings lack record support or the sentence is contrary to law.
State v. Suleymanov · filed 2026-06-26(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 certain specified findings or (2) the sentence imposed is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only when it clearly and convincingly finds that specified findings lack record support or that the sentence is otherwise contrary to law.
State v. Doucette · filed 2026-06-26(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 or (2) that the sentence imposed is otherwise contrary to law.Read the full opinion on CourtListener →
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. Thomas · filed 2014-11-26(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) that the record does not support ... certain specified findings or (2) that the sentence imposed is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) sets the standard for appellate review of felony sentences and excludes abuse of discretion review.
State v. Battle · filed 2016-05-11(G)(2)
In reviewing a felony sentence, “[t]he appellate court’s standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2).Read the full opinion on CourtListener →
Section 2953.08(G) limits when an appellate court may modify a felony sentence.
State v. Wood · filed 2017-03-15(G)
As Ms. Wood concedes that her sentence is not otherwise ... contrary to law, there are no grounds for this Court to modify the sentence under Section 2953.08(G).Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires clear and convincing evidence that a felony sentence is contrary to law before an appellate court may modify or vacate it.
State v. Vasquez · filed 2019-12-31(G)(2)
The information contained in these documents would have directly influenced the trial court’s decisions regarding the sentences it imposed, and ... without the context these documents might provide, we cannot conclude that there is clear and convincing evidence in the record the sentences are contrary to law.Read the full opinion on CourtListener →
Section 2953.08(D)(3) bars appellate review of a prison sentence for aggravated murder.
State v. Arnoff · filed 2020-06-30(D)(3)
The prison sentences for aggravated murder are mandatory and, per Section 2953.08(D)(3), are not subject to appellate ... review.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify 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. Fazenbaker · filed 2021-09-30(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). ... This matter must be remanded for the limited purpose of providing the trial court with an opportunity to make findings in support of its decision to impose consecutive sentences.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the relevant findings lack record support or the sentence is contrary to law.
State v. Elek · filed 2023-01-09(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). ... This Court has no choice but to affirm Mr. Elek’s sentence.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence when clear and convincing evidence shows that the record does not support the required findings or the sentence is contrary to law.
State v. Eagle · filed 2026-02-23(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, 2016-Ohio-1002, ¶ 1; R.C. 2953.08(G)(2). ... Further, the trial court made the requisite findings for consecutive sentences, pursuant to R.C. 2929.14(C)(4), and the record contains more than ample evidence supporting the trial court’s findings in this regard.Read the full opinion on CourtListener →
Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence and remand when it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.
State v. Thompson · filed 2011-07-25(G)
A meaningful review means “that an appellate court hearing an appeal of a ... felony sentence may modify or vacate the sentence and remand the matter to the trial court for re-sentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.”1 Daughenbaugh, 2007-Ohio-5774, at ¶8, citing Carter, 2004-Ohio-1181, at ¶44; R.C. 2953.08(G).Read the full opinion on CourtListener →
Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.
State v. Frazier · filed 2011-10-24(G)
A meaningful review ... means “that an appellate court hearing an appeal of a felony sentence may modify or vacate the sentence and remand the matter to the trial court for re- sentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.”Read the full opinion on CourtListener →
Section 2953.08(G)(2)(a) directs appellate courts reviewing consecutive sentences to examine the record and modify or vacate a sentence if the record clearly and convincingly fails to support the required findings, but it does not specify where those findings must be made.
State v. Bonnell (Slip Opinion) · filed 2014-07-24(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 division * * * (C)(4) of section 2929.14 * * * of the Revised Code.” But that statute does not specify where the findings are to be ... made.Read the full opinion on CourtListener →
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 that the sentence is contrary to law.
State v. Littleton · filed 2016-10-31(G)(2)
Rather, R.C. 2953.08(G)(2) compels an ... appellate court to modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law."Read the full opinion on CourtListener →
Section 2953.08 supplies the standard for appellate review of felony sentences.
State v. Starr · filed 2016-12-09
We now review felony sentences using the standard of review set forth in R.C. 2953.08.Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence that is not contrary to law unless clear and convincing evidence shows that the record does not support it.
State v. Holliday · filed 2017-01-27(G)(2)
In other words, the standard requires us to uphold a sentence that is not contrary to law ... unless we find by clear and convincing evidence that the sentence is not supported by the record; this is markedly different than the standard advanced by Holliday.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to change 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. Bowditch · filed 2017-03-03(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 trial 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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence or remand for resentencing when it clearly and convincingly finds that the specified findings lack record support or the sentence is otherwise contrary to law.
State v. Roush · filed 2017-03-27(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(l), or the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence only on clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.
State v. Nienberg · filed 2017-05-22(G)(2)
Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence “only if it determines by clear and convincing evidence that the record does not ... support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.”Read the full opinion on CourtListener →
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 that the sentence is contrary to law.
State v. Kuykendall · filed 2017-08-21(G)(2)
Rather, R.C. 2953.08(G)(2) compels an appellate court to modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that "the record does not support the trial court's findings under relevant ... statutes or that the sentence is otherwise contrary to law."Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only if it clearly and convincingly finds that the record does not support mandatory sentencing findings or that the sentence is contrary to law.
State v. Smith · filed 2017-11-15(G)(2)
This court will only modify or vacate a sentence under R.C. ... 2953.08(G)(2) if it clearly and convincingly finds that either the record does not support the mandatory sentencing findings or the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
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. Phillips · filed 2018-01-11(G)(2)
Accordingly, pursuant to Marcum, supra, 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.Read the full opinion on CourtListener →
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 that the sentence is contrary to law.
State v. Graft · filed 2018-07-02(G)(2)
Pursuant to that statute, this court may modify or vacate ... the trial court's sentencing decision 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." State v. Harp, 12th Dist. Clermont No. CA2015-12-096, 2016-Ohio-4921, ¶ 7.Read the full opinion on CourtListener →
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 the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.
State v. Jessen · filed 2019-03-18(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.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence only if clear and convincing evidence shows that the record does not support the trial court’s findings under relevant statutes or that the sentence is contrary to law.
State v. Osting · filed 2019-04-08(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. ... Accordingly, we will not reverse Osting’s sentence because it is within the permissible statutory range, the trial court properly considered the criteria found in R.C. 2929.11 and 2929.12, and there is not clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that Osting’s sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only if clear and convincing evidence shows that the record does not support the trial court’s findings under relevant statutes or that the sentence is contrary to law.
State v. Coulter · filed 2019-04-12(G)(2)
As provided by R.C. 2953.08(G)(2), on review of a felony sentence, a court “may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings ... under relevant statutes or that the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 1.Read the full opinion on CourtListener →
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 otherwise contrary to law.
State v. Young · filed 2019-05-10(G)(2)
Appellate courts review felony sentences under the standard set forth in R.C. 2953.08(G)(2), which provides 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.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to reverse a felony sentence only if clear and convincing evidence shows that the record does not support the trial court’s findings or that the sentence is contrary to law.
State v. Triplett · filed 2019-06-24(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.’”Read the full opinion on CourtListener →
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 otherwise contrary to law.
State v. Kimbrough · filed 2019-06-26(G)(2)
While the sentence is certainly contrary to the collective expectations of the parties, and reflects the inherent difficulty in imposing real punishments in the context of fictional facts, we cannot say, mindful of our constraints under R.C. 2953.08(G)(2), that clear and convincing evidence shows that this sentence is ... contrary to the record.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate a felony sentence when it clearly and convincingly finds the sentence contrary to law.
State v. Williams · filed 2019-06-28(G)(2)
We review felony sentences under the approach set forth in R.C. 2953.08(G)(2). ... Therefore, we hold that the trial court’s imposition of the costs of supervision, ... confinement, and appointed counsel is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the record does not support the required findings or that the sentence is contrary to law.
State v. Schreiber · filed 2019-07-22(G)(2)
Under R.C. 2953.08(G)(2), an appellate court may modify or vacate a sentence only if it 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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) governs appellate review of felony sentences and permits modification or vacation when the appellate court makes the required clear and convincing finding.
State v. Laubacher · filed 2019-10-15(G)(2)
An appellate court may only modify or vacate a sentence if it finds by clear and ... convincing evidence that the record does not support the sentencing court's decision.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to change 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. Watson · filed 2019-10-15(G)(2)
Pursuant to R.C. 2953.08(G)(2), an appellate court may increase, reduce, modify, or vacate and remand a ... challenged felony sentence if the court clearly and convincingly finds either “that the record does not support the sentencing court’s findings” under the specified statutory provisions, or “the sentence is otherwise contrary to law.” ... As such, we believe that the record supports the trial court’s sentence and is not clearly and convincingly contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.
State v. Crowe · filed 2019-12-23(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(a) requires an appellate court to affirm consecutive sentences unless it clearly and convincingly finds that the record does not support the required findings.
State v. Taylor · filed 2020-02-07(G)(2)(a)
Where the appellant challenges the trial court’s imposition of consecutive sentences, we are bound to review the issue under ... R.C. 2953.08(G)(2)(a), and must affirm the trial court unless we clearly and convincingly find “[t]hat the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14.”Read the full opinion on CourtListener →
An appellate court may reverse a felony sentence only on clear and convincing evidence that the record does not support the trial court’s findings or that the sentence is contrary to law.
State v. Vanwinkle · filed 2020-05-04(G)(2)
“Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence ‘only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is ... otherwise contrary to law.’” ... In the end, Vanwinkle has not shown by clear and convincing evidence that the imposition of consecutive sentences is unsupported by the record.Read the full opinion on CourtListener →
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 that the sentence is contrary to law.
State v. Napier · filed 2020-05-18(G)(2)
Rather, R.C. 2953.08(G)(2) provides that an appellate court can modify or vacate a sentence only if the ... appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
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 required findings or that the sentence is contrary to law.
State v. Johnson · filed 2020-06-29(G)(2)
Pursuant to that statute, an appellate 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.'"Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence only if it finds by clear and convincing evidence that the record does not support the sentencing court's findings or that the sentence is contrary to law.
State v. Conwell · filed 2020-09-23(G)(2)
Pursuant to R.C. §2953.08(G)(2), an appellate court may only “increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if the court finds by clear and convincing evidence “(a) ... [t]hat the record does not support the sentencing court's findings[,]” or “(b) [t]hat the sentence is otherwise contrary to law.”Read the full opinion on CourtListener →
Section 2953.08(D)(1) bars appellate review of a felony sentence that is authorized by law, jointly recommended by the defendant and prosecution, and imposed by a sentencing judge.
State v. Freeman · filed 2014-12-26(D)(1)
R.C. 2953.08, which governs appellate review of felony sentences, dictates that a felony sentence imposed upon a defendant is not subject to appellate review “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.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to alter a sentence only upon a clear and convincing finding that specified findings lack record support or that the sentence is contrary to law.
State v. Exon · filed 2016-02-19(G)(2)
Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it “clearly and convincingly” finds either (1) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.
State v. Stephen · filed 2016-06-30(G)
"Applying the plain language of R.C. 2953.08(G), * * * 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."Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to vacate or modify a sentence when clear and convincing evidence shows that it is contrary to law or unsupported by the record.
State v. Terry · filed 2017-08-18(G)(2)
The standard set forth in R.C. 2953.08(G)(2) applies to all challenges involving sentencing. Under that standard, we may vacate or modify a sentence only if we find, by clear and convincing evidence, that the sentence is contrary to law or that the record does not support the trial court’s findings under certain statutes (including the findings required for consecutive sentences).Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.
State v. Dague · filed 2017-11-17(G)(2)
Under the plain language of R.C. 2953.08(G)(2), “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.”Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence when clear and convincing evidence shows the record does not support the trial court's findings under relevant statutes or the sentence is otherwise contrary to law.
State v. Brown · filed 2018-01-22(G)(2)
Under R.C. 2953.08(G)(2) 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.”Read the full opinion on CourtListener →
Section 2953.08(G) permits an appellate court to modify or vacate a sentence only upon clear and convincing evidence that the record does not support it or that it is otherwise contrary to law.
State v. Murrell · filed 2018-03-09(G)
R.C. 2953.08(G) establishes that an appellate court may modify or vacate a sentence only if it finds by clear and convincing evidence that the record does not support the sentence or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify, vacate, or remand a sentence only upon a clear and convincing finding that specified findings lack record support or that the sentence is contrary to law.
State v. Lumford · filed 2018-05-18(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.
State v. Ray · filed 2018-08-17(G)(2)
Under the plain language of R.C. 2953.08(G)(2), “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.” Marcum at ¶ 1.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(a) directs appellate courts to review consecutive sentence findings and modify or vacate the sentence when the record clearly and convincingly fails to support them.
State v. Dowell · filed 2018-10-05(G)(2)(a)
“R.C. 2953.08(G)(2)(a) directs the appellate court ‘to review the record, including the findings underlying the sentence’ and to modify or vacate the sentence ‘if it clearly and convincingly finds * * * [t]hat the record does not support the sentencing court's findings under division * * * (C)(4) of section 2929.14 * * * of the Revised Code.’ ” State v. Bonnell, 140 Ohio St.3d 209, 2014-Ohio-3177, 16 N.E.3d 659, ¶ 28, quoting R.C. 2953.08(G)(2)(a).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that it is unsupported by the record or contrary to law.
State v. Olsen · filed 2019-02-15(G)(2)
On review of a felony sentence, an appellate court may vacate or modify the sentence “only if it determines by clear and convincing evidence” that the sentence is not supported by the record or is otherwise contrary to law. See State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.2d 1231, ¶ 1; see also R.C. 2953.08(G)(2).Read the full opinion on CourtListener →
Section 2953.08(G)(2) limits appellate sentencing relief to clear and convincing findings that specified findings lack record support or that the sentence is contrary to law.
State v. Stigall · filed 2019-04-05(G)(2)
In reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2). State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 9. 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.Read the full opinion on CourtListener →
Section 2953.08(G) allows an appellate court to modify or vacate a sentence when clear and convincing evidence shows that the record does not support it or that it is otherwise contrary to law.
State v. Serna · filed 2019-10-04(G)
On appeal, a sentence may be modified or vacated only if the appellate court finds on the basis of clear and convincing evidence that the record does not support the sentence or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Notes 5101–5250 of 6,121, oldest cases first.
Which of these rulings fit your facts?
Describe your situation under Ohio Rev. Code Ann. § 2953.08. Ezel checks it against the cases on this page and answers with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace