Ohio Rev. Code Ann. § 2953.08

Section 2953.08(G)(1)(a) authorizes an appellate court to discharge an unsupported fine while affirming the conviction.

State v. Bailey, Unpublished Decision (4-27-2000) · filed 2000-04-27(G)(1)(a)

Pursuant to this court's authority as set forth in R.C. 2953.08 (G)(1)(a), appellant's conviction is affirmed, but appellant is ordered discharged from his obligation to pay the fine imposed by the trial court.

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

State v. Wilson, Unpublished Decision (5-26-2000) · filed 2000-05-26(G)

In relevant part, R.C. 2953.08 (G) provides a reviewing court may modify a felony sentence if it finds by clear and convincing evidence one of the following: "(a) [t]hat the record does not support the sentence; (b) * * *; (c) * * *; or (d), [t]hat the sentence is otherwise contrary to law."

Section 2953.08(G)(1) requires a clear and convincing showing supporting reversal or modification of a sentence before appellate relief is granted.

State v. McCoy, Unpublished Decision (6-13-2000) · filed 2000-06-13(G)(1)

A defendant claiming an error in sentencing will be granted appellate relief only upon a clear and convincing showing supporting reversal or modification of the sentence. R.C. 2953.08 (G)(1).

Section 2953.08(G)(1) permits an appellate court to vacate and remand a sentence only if clear and convincing evidence shows that the record does not support it or that it is otherwise contrary to law.

State v. Maag, Unpublished Decision (8-4-2000) · filed 2000-08-04(G)(1)

Although the appellant has argued that the standard of review of a trial court's sentence is abuse of discretion, we observe that R.C. 2953.08 (G)(1) allows a reviewing court to vacate a sentence and remand it to the trial court for resentencing only if the appellate court finds, by clear and convincing evidence, that "(a) the record does not support the sentence; * * * [or] (d) [t]hat the sentence is otherwise contrary to law."

Section 2953.08 sets the standard for reviewing a felony sentence on appeal, including whether the record supports the sentence.

State v. Johnson, Unpublished Decision (9-7-2000) · filed 2000-09-07(G)(1)(a)

The standard of review for this court involving an appeal of a sentence is clearly spelled out in R.C. 2953.08 . This court must examine the applicable statutes as they relate to the sentence which was imposed upon appellant by the trial court.

Section 2953.08(G)(1) provides a clear-and-convincing-evidence and contrary-to-law standard for reviewing felony sentences.

State v. Ervin, Unpublished Decision (9-27-2000) · filed 2000-09-27(G)(1)

Under the circumstances, we cannot say that the trial court's findings were not supported by clear and convincing evidence or that they were contrary to law. R.C. 2953.08 (G)(1); State v. Napier (Aug. 28, 1998), Hamilton App. No. C-970383, unreported.

Section 2953.08(G)(1)(a) permits an appellate court to reverse a sentence only upon clear and convincing evidence that the record does not support it.

State v. Phillips, Unpublished Decision (10-12-2000) · filed 2000-10-12(G)(1)(a)

Pursuant to R.C. 2953.08 (G)(1)(a), an appellate court may only reverse a sentence if it finds by clear and convincing evidence that a sentence is not supported by the record.

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

State v. Zwiebel, Unpublished Decision (8-29-2000) · filed 2000-08-29(G)(1)(a) and (d)

An appellate court may vacate or modify a sentence imposed by a trial court when it finds by clear and convincing evidence that the record does not support the sentence or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(1)(a) and (d).

Section 2953.08 permits an appellate court to vacate or modify a felony sentence upon clear and convincing evidence that the record does not support it or that it is otherwise contrary to law.

State v. Holsinger, Unpublished Decision (10-10-2000) · filed 2000-10-10(G)(1)(a), (G)(1)(d)

An appellate court may vacate or modify a sentence imposed by a trial court when it finds by clear and convincing evidence that the record does not support the sentence or that the sentence is otherwise contrary to law.

Section 2953.08(G)(1) permits an appellate court to modify a felony sentence or remand for resentencing if it finds clear and convincing evidence that the trial court acted contrary to law or the record.

State v. Davenport, Unpublished Decision (10-25-2000) · filed 2000-10-25(G)(1)

When reviewing an appeal of a sentence, an appellate court may modify a sentence or remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G)(1).

Section 2953.08(G)(1) allows an appellate court to modify or vacate a sentence if it clearly and convincingly finds that the record does not support it or that it is contrary to law.

State v. Lefore, Unpublished Decision (11-7-2000) · filed 2000-11-07(G)(1)

As a preliminary matter, we note that we no longer review sentencing under an abuse of discretion standard. After 1995 Senate Bill 2, an appellate court's review of an appeal from a sentence was modified. R.C. 2953.08 provides, in pertinent part: "(G)(1) The court hearing an appeal of a sentence * * * 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 trial court for resentencing if the court clearly and convincingly finds any of the following (a) That the record does not support the sentence,. . . (d) That the sentence is otherwise contrary to law. Accordingly, we review the sentence under the new guidelines."

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

State v. Cooper, Unpublished Decision (11-22-2000) · filed 2000-11-22(G)(2)

With respect to felony sentencing, R.C. 2953.08 (G)(2) provides that a reviewing court may review, reduce, modify, or vacate the sentence and remand the matter to the trial court for re-sentencing if the court clearly and convincingly finds: ... After reviewing the entire record herein, we find that the trial court properly complied with the sentencing guidelines set forth in Revised Code Chapter 2929 in sentencing Appellant for the third and fourth degree felony theft offenses, that the record supports the trial court's findings, and that the sentence is not contrary to law.

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

State v. Brewer, Unpublished Decision (11-24-2000) · filed 2000-11-24(G)(2)(a) and (b)

Therefore, we hold that the record, clearly and convincingly, does not support the prison term imposed, and that the sentence is otherwise contrary to law and must be vacated pursuant to R.C. 2953.08 (G)(2)(a) and (b).

Section 2953.08(G)(1) permits an appellate court to vacate or modify a sentence only upon a clear-and-convincing finding that a statutory condition exists, including that the sentence is contrary to law.

State v. Daniel, Unpublished Decision (9-13-2000) · filed 2000-09-13(G)(1)

We may vacate or modify a sentence only if we clearly and convincingly find that one of four conditions exists. R.C. 2953.08 (G)(1). The only condition asserted in the case at bar is whether the sentence is contrary to law. R.C. 2953.08 (G)(1)(d).

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the sentence lacks record support, was imposed without required procedures, or is contrary to law.

State v. Schofield, Unpublished Decision (11-01-2000) · filed 2000-11-01(G)

When reviewing a trial court's decision regarding sentencing, a reviewing court may not modify or vacate the sentence unless the court "clearly and convincingly" finds that: (1) the sentence is not supported by the record; (2) the trial court imposed a prison term without following the appropriate statutory procedures; or (3) the sentence imposed was contrary to law. R.C. 2953.08 (G); Griffin Katz, Ohio Felony Sentencing Law (1998 Ed.) 495, Section 9.16.

Section 2953.08(G) applies a clear-and-convincing-evidence standard when an appellate court reviews whether a felony sentence is contrary to law.

State v. Condon, Unpublished Decision (11-3-2000) · filed 2000-11-03(G)

Accordingly, we cannot find by clear and convincing evidence that the sentence imposed by the trial court is contrary to law. R.C. 2953.08 (G).

Section 2953.08(G)(1) sets the standard for appellate review of a felony sentence: whether the trial court clearly and convincingly acted contrary to law or the record.

State v. Halgrimson, Unpublished Decision (11-8-2000) · filed 2000-11-08(G)(1)

Our standard of review is controlled by R.C. 2953.08 (G)(1), requiring us to determine if the trial court clearly and convincingly acted contrary to law or the record.

Section 2953.08(G)(1) requires appellate review of a felony sentence for clear and convincing evidence that the trial court acted contrary to law or the record.

State v. Lute, Unpublished Decision (11-22-2000) · filed 2000-11-22(G)(1)

Our standard of review is controlled by R.C. 2953.08 (G)(1), requiring us to determine if the trial court clearly and convincingly acted contrary to law or the record.

An appellate court may modify a felony sentence only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Blankenship, Unpublished Decision (12-4-2000) · filed 2000-12-04(G)(1)(a) and (d)

An appellate court may not increase, reduce, or otherwise modify a sentence imposed unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

Section 2953.08(G) allows an appellate court to substitute its judgment on a felony sentence only upon clear and convincing evidence of one of four specified errors.

State v. Unger, Unpublished Decision (12-6-2000) · filed 2000-12-06(G)

The appellate court should only substitute its judgment for that of the trial court upon clear and convincing evidence of one of the four errors set forth in R.C. 2953.08 (G).

Section 2953.08(G)(1) sets a clear-and-convincing-evidence standard for appellate review of whether a felony sentence is contrary to law or the record.

State v. Zeffer, Unpublished Decision (12-13-2000) · filed 2000-12-13(G)(1)

Our standard of review is controlled by R.C. 2953.08 (G)(1), requiring us to determine if the trial court clearly and convincingly acted contrary to law or the record.

Section 2953.08 permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that the record does not support it or that it is otherwise contrary to law.

State v. Eberhard, Unpublished Decision (12-21-2000) · filed 2000-12-21

In accordance with R.C. 2953.08 , this court will not disturb defendant's sentence unless we find, by clear and convincing evidence, that the record does not support the sentence or that the sentence is otherwise contrary to law.

Section 2953.08 requires an appellate court reviewing consecutive sentences to determine whether clear and convincing evidence supports their imposition.

State v. Rackham, Unpublished Decision (2-8-2001) · filed 2001-02-08

With regard to consecutive sentences, our standard of review is whether we can find that the imposition of consecutive sentences was supported by clear and convincing evidence. R.C. 2953.08 .

Section 2953.08(G) applies a clear-and-convincing-evidence standard when reviewing a felony sentence.

State v. McDonald, Unpublished Decision (2-12-2001) · filed 2001-02-12(G)

Pursuant to R.C. 2953.08 (G), our standard of review on this issue is clear and convincing evidence.

Section 2953.08(G)(1) permits an appellate court to modify a felony sentence or remand for resentencing if it finds clearly and convincingly that the trial court acted contrary to law or the record.

State v. Roberts, Unpublished Decision (3-14-2001) · filed 2001-03-14(G)(1)

When reviewing an appeal of a sentence, an appellate court may modify a sentence or remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G)(1).

Section 2953.08(G)(1) requires clear and convincing evidence of error to reverse a felony sentence.

State v. Gonzalez, Unpublished Decision (3-15-2001) · filed 2001-03-15(G)(1)

To reverse a trial court's felony sentencing decision, it is necessary to establish by clear and convincing evidence that the trial court has erred. See R.C. 2953.08 (G)(1).

Section 2953.08 permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Nibert, Unpublished Decision (3-19-2001) · filed 2001-03-19(G)(1)(a) and (d)

An appellate court may not disturb an imposed sentence unless it finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law.

Section 2953.08(G)(1) sets the appellate standard for reviewing whether a felony sentence is contrary to law or the record.

State v. Charlton, Unpublished Decision (3-21-2001) · filed 2001-03-21(G)(1)

"[O]ur standard of review is controlled by R.C. 2953.08 (G)(1), requiring us to determine if the trial court clearly and convincingly acted contrary to law or the record."

Section 2953.08(G)(1) allows an appellate court to reverse a felony sentence only if clear and convincing evidence shows that the record does not support it or that it is contrary to law.

State v. Good, Unpublished Decision (12-5-2000) · filed 2000-12-05(G)(1)(a), (d)

An appellate court may not reverse the sentence unless it finds, by clear and convincing evidence, that the record does not support the sentence or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(1)(a) and (d). The record before us demonstrates that the trial court properly considered all the factors necessary to sentence a defendant to the maximum prison term.

Section 2953.08 permits an appellate court to reverse a felony sentence upon clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Reed, Unpublished Decision (12-12-2000) · filed 2000-12-12(G)(1)(a) and (d)

An appellate court may reverse a felony sentence if it finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law. R.C. 2953.08 (G)(1)(a) and (d).

Section 2953.08 permits an appellate court to modify a sentence or remand for resentencing when it clearly and convincingly finds that the trial court acted contrary to law or the record.

State v. Chapman, Unpublished Decision (12-20-2000) · filed 2000-12-20(G)(1) and (4)

When reviewing an appeal of a sentence, an appellate court may modify a sentence or remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G)(1) and (4).

Section 2953.08(G) requires clear and convincing grounds to disturb a felony sentence on appeal.

State v. Gladden, Unpublished Decision (1-4-2001) · filed 2001-01-04(G)

From the record, therefore, this court cannot clearly and convincingly find the trial court's decision was improper. R.C. 2953.08 (G); State v. Owens, supra.

Section 2953.08(D) bars appellate review of sentences imposed for aggravated murder or murder under sections 2929.02 to 2929.06.

State v. Brown, Unpublished Decision (2-9-2001) · filed 2001-02-09(D)

Pursuant to R.C. 2953.08 (D) we find that these sentences are not subject to review by this court and appellant's second assignment of error is not well-taken.

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

State v. Marine · filed 2001-02-14(G)(2)(b)

The appellate court may take any action authorized by this division if it clearly and convincingly finds * * * [t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(b). ... As the trial court failed to make the requisite findings on the record at the sentencing hearing, we find, by clear and convincing evidence, that the sentence imposed is contrary to law.

Section 2953.08(G) allows an appellate court to modify a felony sentence when the record does not support it.

State v. De Amiches, Unpublished Decision (3-1-2001) · filed 2001-03-01(G)

With respect to the remainder of the sentences, we review them pursuant to the mandates of R.C. 2953.08 , which provides both the bases of appeal and our standard of review. ... Having sustained De Amiches' assignments of error and analyzing the record ourselves, we modify the sentence imposed pursuant to R.C. 2953.08 (G).

Section 2953.08(G)(1)(d) permits an appellate court to disturb a felony sentence when clear and convincing evidence shows that the sentence is contrary to law.

State v. Pierce, Unpublished Decision (3-05-2001) · filed 2001-03-05(G)(1)(d)

An appellate court may not disturb an imposed sentence unless it finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law. ... We find that the sentence imposed by the trial court is contrary to law because the court did not have statutory authority to sentence appellant to a term of prison as a sanction for violating his original community control sanction.

Section 2953.08(G)(1) limits modification or vacation of a felony sentence to cases where the required showing is made clearly and convincingly.

State v. Haugh, Unpublished Decision (3-19-2001) · filed 2001-03-19(G)(1)

Appellate courts are precluded from modifying or vacating a sentence unless it is "clearly and convincingly" shown that the sentence is not supported by the record, is contrary to law or that the trial court failed to follow the proper statutory procedures for imposing such sentence. See R.C. 2953.08 (G)(1). ... It is not clear and convincing to us that a 3-year total sentence is disproportionate to the seriousness of this type of conduct.

Section 2953.08(G)(1) permits an appellate court to modify a sentence or remand for resentencing if it finds clearly and convincingly that the trial court acted contrary to law or the record.

State v. Boos, Unpublished Decision (2-21-2001) · filed 2001-02-21(G)(1)

When reviewing an appeal of a sentence, an appellate court may modify a sentence or remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G)(1). ... After reviewing the record we do not find that the trial court clearly and convincingly acted contrary to law.

Section 2953.08 provides grounds for voiding a felony sentence on appeal; a sentence that meets none of them is not voidable.

State v. Mendez, Unpublished Decision (3-7-2001) · filed 2001-03-07

As neither sentence is voidable under any of the provisions of R.C. 2953.08 , 14 we overrule the single assignment of error.

Section 2953.08 limits appellate modification of a sentence to cases where clear and convincing evidence shows that the sentence lacks record support or is contrary to law.

State v. Blanton, Unpublished Decision (3-19-2001) · filed 2001-03-19(G)(1)(a) and (d)

An appellate court may not increase, reduce, or otherwise modify a sentence unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

Section 2953.08 requires an appellate court reviewing consecutive sentences to determine whether it can clearly and convincingly find the sentence contrary to law.

State v. Leaks, Unpublished Decision (6-18-2001) · filed 2001-06-18

The standard of review is whether we can clearly and convincingly find that the imposition of consecutive sentences was contrary to law. R.C. § 2953.08 .

Section 2953.08 permits an appellate court to vacate an appealable felony sentence and remand for resentencing when it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.

State v. Lemker, Unpublished Decision (3-23-2001) · filed 2001-03-23(G)(1)

"[I]f the [appellate] court clearly and convincingly finds * * * [t]hat the record does not support the sentence * * * [or t]hat the sentence is otherwise contrary to law," the court may "increase, reduce, or otherwise modify" an appealable sentence or "vacate the sentence and remand the matter to the trial court for resentencing * * *." See R.C. 2953.08 (G)(1)(a) and (d). ... We, therefore, hold that the trial court erred as a matter of law in imposing consecutive sentences.

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

State v. Martin, Unpublished Decision (5-14-2001) · filed 2001-05-14(G)

In reviewing a felony sentence, we are governed by R.C. 2953.08 (G), which provides that we may increase, reduce, or otherwise modify a sentence, or we may vacate the sentence and remand the matter to the trial court for resentencing if we clearly and convincingly find that a sentence was improperly imposed. The sentence in this case was not improper.

Section 2953.08(G)(1)(d) permits an appellate court to modify or vacate a sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Warthman, Unpublished Decision (5-18-2001) · filed 2001-05-18(G)(1)(d)

As a preliminary matter, we note we no longer review sentencing under an abuse of discretion standard. After 1995 Senate Bill 2, an appellate court's review of an appeal from a sentence was modified. R.C. 2953.08 provides, in pertinent part: (G)(1) The court hearing an appeal of a sentence * * * 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 trial court for re-sentencing if the court clearly and convincingly finds any of the following: (d) That the sentence is otherwise contrary to law. Accordingly, we review the sentence under these guidelines."

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence and remand for resentencing when the record does not support the sentence or the sentence is contrary to law.

State v. Rose · filed 2001-06-12(G)

R.C. 2953.08(G) provides that an appellate court on review of a felony sentence may modify or vacate the sentence and remand the matter to the trial court for resentencing if the court finds no support in the record for the sentence or it is contrary to law.

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.

State v. Hendricks, Unpublished Decision (6-21-2001) · filed 2001-06-21(G)

Hendricks also urges that the record does not support a four-year sentence, citing R.C. 2953.08 (G), which permits an appellate court to vacate and remand, increase, reduce, or otherwise modify a sentence if it clearly and convincingly finds that the record does not support the sentence. Upon review, we have concluded that the record supports the sentence in this case.

Section 2953.08 permits a reviewing 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. Gordon, Unpublished Decision (6-26-2001) · filed 2001-06-26

As it existed at the time Appellant was sentenced for possession of cocaine, a fourth degree felony, R.C. § 2953.08 provided that a reviewing court in a felony sentence may increase, reduce, or otherwise modify the sentence or vacate it and remand the matter to the trial court for resentencing if the court clearly and convincingly finds any of the following: "(a) That the record does not support the sentence; "* * * "(d) That the sentence is otherwise contrary to law." ... The record in its entirety supports Appellant's sentence and the sentence is not contrary to law.

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

State v. Black, Unpublished Decision (6-27-2001) · filed 2001-06-27(G)(2)

R.C. 2953.08 (G)(2) permits this court to vacate a sentence and remand it to the trial court for the purpose of resentencing in the event that we clearly and convincingly find 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 (E)(4) of section 2929.14 , or division (H) of section 2929.20 of the Revised Code, whichever, if any, is relevant; (b) That the sentence is otherwise contrary to law.

Section 2953.08 permits reversal of a sentence only upon clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Coleman, Unpublished Decision (3-27-2001) · filed 2001-03-27(G)(1)(a) and (d)

We may not reverse a sentence unless we find by clear and convincing evidence that the sentence is not supported by the record or that it is contrary to law. R.C. 2953.08 (G)(1)(a) and (d); see, also, State v. Holsinger (Nov. 20, 1998), Pike App. No. 97CA605, unreported.

Section 2953.08 permits an appellate court to modify a sentence when it clearly and convincingly finds that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law.

State v. Craig, Unpublished Decision (4-2-2001) · filed 2001-04-02(G)(2)(a) and (b)

R.C. 2953.08 has been amended to reflect that an appellate court's standard of review in sentencing issues is not whether the sentencing court abused its discretion. Instead, the appellate court may modify a sentence if it clearly and convincingly finds that the record does not support the sentencing court's findings or if the sentence is otherwise contrary to law.

Former § 2953.08(G)(1) permits an appellate court to modify a felony sentence or remand for resentencing when clear and convincing evidence shows that the sentence is contrary to law or the record.

State v. Gibson, Unpublished Decision (4-11-2001) · filed 2001-04-11(G)(1)

An appellate court may modify a sentence or remand for resentencing if the reviewing court finds by clear and convincing evidence that the sentence imposed is contrary to law or the record.

Section 2953.08(G)(1) requires an appellate court reviewing a felony sentence to determine whether the trial court clearly and convincingly acted contrary to law or the record.

State v. Buchanan, Unpublished Decision (4-11-2001) · filed 2001-04-11(G)(1)

Our standard of review is governed by R.C. 2953.08 (G)(1), which requires us to determine if the trial court clearly and convincingly acted contrary to law or the record.

Section 2953.08 directs an appellate court to review whether it can clearly and convincingly find that consecutive sentences were contrary to law.

State v. Moran, Unpublished Decision (4-20-2001) · filed 2001-04-20

The standard of review is whether we can clearly and convincingly find that the imposition of consecutive sentences was contrary to law. R.C. 2953.08 .

Section 2953.08(G) requires appellate review of whether the trial court made the required sentencing findings and whether it clearly and convincingly acted contrary to law or the record.

State v. Nixon, Unpublished Decision (4-25-2001) · filed 2001-04-25(G)

Our standard of review is controlled by R.C. 2953.08 (G), requiring us to determine if the trial court made the required statutory findings and clearly and convincingly acted contrary to law or the record.

Section 2953.08(G)(1)(a) requires appellate courts to determine whether the record clearly and convincingly supports a felony sentence.

State v. Showalter, Unpublished Decision (5-4-2001) · filed 2001-05-04(G)(1)(a)

The standard of review in examining a sentence is whether the record clearly and convincingly supports the sentence. R.C. 2953.08 (G)(1)(a).

Section 2953.08(G)(1)(a) requires appellate review of whether the record clearly and convincingly supports a felony sentence.

State v. Showalter, Unpublished Decision (5-11-2001) · filed 2001-05-11(G)(1)(a)

The standard of review in examining a sentence is whether the record clearly and convincingly supports the sentence. R.C. 2953.08 (G)(1)(a).

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

State v. Culp, Unpublished Decision (05-25-2001) · filed 2001-05-25(G)(2)

As an initial point, we note that, by statute, the standard is no longer "abuse of discretion." See R.C. 2953.08 (G)(2). Instead, appellate courts may "increase, reduce, or otherwise modify a sentence that is appealed." The standard for taking action is whether the appellate court "clearly and convincingly" finds either 1) that the record does not support the sentencing court's findings under the relevant statute [in this case, R.C. 2929.14 (E)(4)]; or 2) that the sentence is otherwise contrary to law.

Section 2953.08 permits an appellate court to reverse a felony sentence only upon clear and convincing evidence that it is contrary to law or unsupported by the record.

State v. Davis, Unpublished Decision (5-31-2001) · filed 2001-05-31(G)(1)(a) and (d)

An appellate court may not reverse the sentence imposed by the trial court, unless the court finds, by clear and convincing evidence that the sentence is contrary to law or unsupported by the record.

Section 2953.08(G) sets a clear-and-convincing-evidence standard for appellate review of a maximum felony sentence.

State v. Norman, Unpublished Decision (6-5-2001) · filed 2001-06-05(G)

Pursuant to R.C. 2953.08 (G), our standard of review on this issue is clear and convincing evidence.

Section 2953.08 allows an appellate court to disturb a felony sentence only upon clear and convincing evidence that the record does not support the sentence or that the sentence is contrary to law.

State v. Norwood, Unpublished Decision (6-8-2001) · filed 2001-06-08

In accordance with R.C. 2953.08 , this court will not disturb appellant's sentence unless we find, by clear and convincing evidence, that the record does not support the sentence or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) governs appellate review of a felony sentence under a clear and convincing standard.

State v. Rigo, Unpublished Decision (6-21-2001) · filed 2001-06-21(G)(2)

Applying a clear and convincing standard in reviewing Rigo's sentences, we conclude that the trial court followed the mandates of R.C. 2929.14 and 2929.19 , specifically as these statutes refer to the imposition of more than a minimum sentence, maximum sentences and consecutive terms.

Section 2953.08(G)(1) requires clear and convincing grounds to reverse a felony sentence on appeal.

State v. Haamid, Unpublished Decision (6-28-2001) · filed 2001-06-28(G)(1)

Therefore, the law is well defined that we will not reverse a trial court on sentencing issues unless the defendant shows by clear and convincing evidence that the trial court has erred.

A defendant challenging a felony sentence must clearly and convincingly establish that the record does not support the sentence or that it is otherwise contrary to law.

State v. Cosgrove, Unpublished Decision (5-8-2001) · filed 2001-05-08(G)(2)

For that reason, and because even under the modern sentencing scheme a trial court that complies with the sentencing statutes and makes findings appropriately supported in the record "has discretion to determine the most effective way to comply with the purposes and principles of sentencing," see R.C. 2929.12 (A), we cannot say that the defendant has met his burden to clearly and convincingly establish that the record does not support his sentence or is otherwise contrary to law. Cf. R.C. 2953.08 (G)(2).

Section 2953.08(G)(1) requires an appellate court to affirm a felony sentence unless it clearly and convincingly finds that the record does not support the sentencing findings or that the sentence is contrary to law.

State v. Kafer, Unpublished Decision (7-16-2001) · filed 2001-07-16(G)(1)

The standard of review of sentences for this court to apply is provided in R.C. 2953.08 (G)(1). By this mandate, we are not to apply an abuse of discretion standard, but, instead, we are charged to affirm a sentence imposed unless we clearly and convincingly find that " the record does not support the sentencing court's findings, * * * [or] the sentence is otherwise contrary to law."

Section 2953.08(G)(1) permits an appellate court to change a felony sentence when it clearly and convincingly finds that the record does not support it or that it is contrary to law.

State v. Reynolds, Unpublished Decision (7-30-2001) · filed 2001-07-30(G)(1)

At the outset, we note R.C. 2953.08 governs an appeal of sentence for a felony and establishes our standard of review. ... Upon review, we cannot find clear and convincing evidence that the record does not support the findings of the trial court or that the sentence is otherwise contrary to law.

Subsection (G) requires appellate courts to review whether the trial court made the required sentencing findings and whether its sentence was clearly and convincingly contrary to law or the record.

State v. Brooks, Unpublished Decision (8-1-2001) · filed 2001-08-01(G)

This Court's standard of review is controlled by R.C. 2953.08 (G). According to the statute, it is incumbent upon an appellate court to determine whether the trial court (1) failed to make the required statutory findings, and, (2) clearly and convincingly acted contrary to law or the record. Id . The imposition of a maximum sentence ordered to be served consecutive to another prison term will be affirmed unless the trial court did not make the mandatory findings or did not act in accordance with the law or the record.

Section 2953.08(G)(1) allows an appellate court to modify or vacate a felony sentence only when the specified grounds are shown clearly and convincingly.

State v. Murphy, Unpublished Decision (8-1-2001) · filed 2001-08-01(G)(1)

Appellate courts are precluded from modifying or vacating a sentence unless it is "clearly and convincingly" shown that the sentence is not supported by the record, the sentence is contrary to law or that the trial court failed to follow the proper statutory procedures for imposing the sentence. See R.C. 2953.08 (G)(1).

A felony sentence is reversed on appeal only if the defendant shows by clear and convincing evidence that the trial court erred.

State v. Ward, Unpublished Decision (8-02-2001) · filed 2001-08-02

The law is well defined that this court will not reverse a trial court on issues involving Senate Bill 2, unless the defendant shows by clear and convincing evidence that the trial court has erred. See R.C. 2953.08 (6)(1) and (d); State v. Berry, 2000 Ohio App. LEXIS 910 (March 9, 2000), Cuyahoga App. No. 75470, 75471, unreported.

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

State v. Mosley, Unpublished Decision (7-18-2001) · filed 2001-07-18(G)(2)

An appellate court may reverse a felony sentence if it finds by clear and convincing evidence that the sentence is unsupported by the record, or that it is contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G) permits an appellate court to modify a sentence or remand for resentencing when it clearly and convincingly finds that the trial court acted contrary to law or the record.

State v. Phares, Unpublished Decision (8-8-2001) · filed 2001-08-08(G)

When reviewing an appeal of a sentence, an appellate court may modify a sentence or remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record.

Section 2953.08(G)(1) permits an appellate court to remand a felony sentence for resentencing when it finds clearly and convincingly that the trial court acted contrary to law or the record.

State v. McGowan, Unpublished Decision (8-15-2001) · filed 2001-08-15(G)(1)

When reviewing an appeal of a sentence, an appellate court may remand the matter to the trial court for resentencing if the court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G)(1).

Section 2953.08(G)(1)(a) and (d) requires clear and convincing evidence before a reviewing court may disturb a felony sentence.

State v. Felix, Unpublished Decision (8-9-2001) · filed 2001-08-09(G)(1)(a) and (d)

Only upon a showing of clear and convincing evidence may a reviewing court disturb a sentence imposed under Senate Bill 2. R.C. 2953.08 (G)(1)(a) and (d).

Section 2953.08 allows an appellate court to disturb a sentence only on clear and convincing evidence that the record does not support it or that it is contrary to law.

State v. Dwyer, Unpublished Decision (8-10-2001) · filed 2001-08-10

Pursuant to R.C. 2953.08 , this court will not disturb appellant's sentence unless we find, "by clear and convincing evidence that either the record does not support the sentence or that the sentence is otherwise contrary to law."

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

State v. Brown · filed 2001-08-31(G)(2)

Rather, we must vacate or change the sentence if we find, by clear and convincing evidence, that the record does not support the court’s findings or that the sentence is otherwise contrary to law.

Section 2953.08(G) directs an appellate court reviewing a felony sentence to assess whether the trial court made the required findings and whether its decision was clearly and convincingly contrary to law or the record.

State v. Duncan, Unpublished Decision (9-12-2001) · filed 2001-09-12(G)

This Court's standard of review is controlled by R.C. 2953.08 (G). According to the statute, it is incumbent upon an appellate court to determine whether the trial court (1) failed to make the required statutory findings, and, (2) clearly and convincingly acted contrary to law or the record.

Section 2953.08(G)(2) supplants abuse-of-discretion review of felony sentences on appeal.

State v. Griffith, Unpublished Decision (9-19-2001) · filed 2001-09-19(G)(2)

R.C. 2953.08 (G)(2) has supplanted the abuse-of-discretion standard of appellate felony-sentencing review.

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

State v. Eakle, Unpublished Decision (9-21-2001) · filed 2001-09-21(G)

Under R.C. § 2953.08 (G), a reviewing court entertaining the appeal of a felony sentence may modify the sentence or elect to vacate it and remand the matter to the trial court for re-sentencing if the court clearly and convincingly finds, "(a) [t]hat the record does not support the sentence; [or] * * * (d) [t]hat the sentence is otherwise contrary to law." ... In the present matter, the record supports the sixty-six-month sentence that the trial court imposed and this sentence is not otherwise contrary to law.

Section 2953.08 permits an appellate court to substitute its judgment on a felony sentence only upon clear and convincing evidence of a specified error, including unsupported sentencing findings or a sentence contrary to law.

State v. Cole, Unpublished Decision (9-25-2001) · filed 2001-09-25

In reviewing a felony sentence, an appellate court is to review the propriety of the trial court's sentencing decisions and substitute its judgment only upon finding clear and convincing evidence one of the four errors described in R.C. 2953.08 which includes circumstances where the record does not support the sentencing court's findings or is otherwise contrary to law.

Section 2953.08(G) requires clear and convincing evidence of a specified sentencing error before an appellate court will disturb a felony sentence.

State v. Fyffe, Unpublished Decision (10-5-2001) · filed 2001-10-05(G)

Thus, a sentence imposed by a trial court will not be disturbed absent a showing by clear and convincing evidence that the trial court committed one of the errors described by R.C. 2953.08 (G): the sentence is unsupported by the record; the procedure of the sentencing statutes was not followed or there was not a sufficient basis for the imposition of a prison term; or that the sentence is contrary to law.

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

State v. McHenry, Unpublished Decision (10-15-2001) · filed 2001-10-15(G)(2)

Upon review, we cannot find clear and convincing evidence that the record does not support the individual sentences or that the sentences are otherwise contrary to law.

Section 2953.08(G)(1) requires a defendant to show by clear and convincing evidence that the trial court erred before an appellate court will reverse a felony sentence.

State v. Anderson · filed 2001-10-16(G)(1)

Further, the law is well settled that we will not reverse a trial court on sentencing issues unless the defendant shows by clear and convincing evidence that the trial court has erred.

Section 2953.08(G)(1) requires a defendant to show by clear and convincing evidence that the trial court erred before an appellate court will reverse a felony sentence.

State v. Hart, Unpublished Decision (10-18-2001) · filed 2001-10-18(G)(1)

The law is well settled that we will not reverse a trial court on sentencing issues unless the defendant shows by clear and convincing evidence that the trial court has erred. 1 We apply this standard of review to both of Hart's assigned errors.

Section 2953.08 permits an appellate court to reverse a felony sentence only on clear and convincing evidence that the record does not support it or that it is contrary to law.

State v. Cody, Unpublished Decision (10-30-2001) · filed 2001-10-30(G)(1)(a) and (d)

We may not reverse a sentence unless we find by clear and convincing evidence that the sentence is not supported by the record or that it is contrary to law. R.C. 2953.08 (G)(1)(a) and (d); see, also, State v. Holsinger (Nov. 20, 1998), Pike App. No. 97CA605, unreported.

Section 2953.08(G) permits an appellate court to remand for resentencing if it finds clear and convincing evidence that the trial court acted contrary to law.

State v. Maple, Unpublished Decision (12-5-2001) · filed 2001-12-05(G)

An appellate court may remand a matter on appeal for resentencing if it finds that the trial court clearly and convincingly acted contrary to law. R.C. 2953.08 (G).

Section 2953.08(F) requires appellate review of a felony sentence to include written investigative reports submitted before sentencing and statements made at the sentencing hearing.

State v. Conte, Unpublished Decision (12-14-2001) · filed 2001-12-14(F)

Pursuant to R.C. 2953.08 (F), our review of the record shall include any presentence, psychiatric, or other investigative report submitted to the court in writing prior to the imposition of sentence, and any oral or written statements made to or by the court at the sentencing hearing.

Section 2953.08(G)(1)(a),(d) permits an appellate court to modify a sentence or remand for resentencing if it clearly and convincingly finds that the trial court acted contrary to law or the record.

State v. Linscott, Unpublished Decision (10-31-2001) · filed 2001-10-31(G)(1)(a),(d)

When reviewing an appeal of a sentence, an appellate court may modify a sentence or remand the matter to the trial court for resentencing if the court finds, clearly and convincingly, that the trial court acted contrary to law or the record. R.C. 2953.08 (G)(1)(a),(d).

Section 2953.08(G) limits sentence modification when the appellate court cannot find by clear and convincing evidence that the record fails to support the trial court's findings.

State v. Hurst, Unpublished Decision (11-8-2001) · filed 2001-11-08(G)

Since we cannot find by clear and convincing evidence that the record failed to support the trial court's findings, this court will not modify appellant's sentence. See R.C. 2953.08 (G).

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

State v. Neptune, Unpublished Decision (11-14-2001) · filed 2001-11-14(G)(2)

After a careful review of the record, this Court does not find that either R.C. 2953.08 (G)(2)(a) or (b) is applicable in this case.