Ohio Rev. Code Ann. § 2953.08

Section 2953.08(G)(1) governs appellate review of a felony sentence under clear-and-convincing-evidence and contrary-to-law standards.

State v. Vickers, Unpublished Decision (12-10-2001) · filed 2001-12-10(G)(1)(a) and (d)

Therefore, the first assignment of error is overruled for reason that the trial court's decision to impose greater than the minimum prison term is supported by clear and convincing evidence and is not contrary to law. See State v. Garcia (1998), 126 Ohio App.3d 485 , 487 ; R.C. 2953.08 (G)(1)(a) and (d).

Section 2953.08 governs appellate review of felony sentences; a sentence may be disturbed when clear and convincing evidence shows that the record does not support it or that it is contrary to law.

State v. Tennyson, Unpublished Decision (12-10-2001) · filed 2001-12-10

This court reviews a felony sentence de novo . R.C. 2953.08 . A defendant's sentence will not be disturbed on appeal unless the reviewing court finds, by clear and convincing evidence, that the record does not support the sentence or that the sentence is contrary to law.

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

State v. Smith, Unpublished Decision (12-10-2001) · filed 2001-12-10(G)(2)

R.C. § 2953.08 governs an appeal of sentence for felony. ... 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(D) bars review of a lawful sentence jointly recommended by the parties and imposed by the judge; an agreement to a conditional two-year sentence does not bar review of an unagreed six-year sentence.

State v. Daniels, Unpublished Decision (12-21-2001) · filed 2001-12-21(D)

But because the actual agreement did not adequately reflect the six-year hammer, we hold that the six years was not an agreed sentence, and that Daniels's sentence is subject to appellate review.

Section 2953.08(G) bars an appellate court from modifying a felony sentence when it cannot find by clear and convincing evidence that the record fails to support the trial court's findings.

State v. Thatcher, Unpublished Decision (12-27-2001) · filed 2001-12-27(G)

Furthermore, 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(D) bars appellate review of a sentence that is authorized by law, jointly recommended by the defendant and prosecution, and imposed by a sentencing judge.

State v. Harris, Unpublished Decision (12-31-2001) · filed 2001-12-31(D)

The plain language of R.C. 2953.08 (D) states that a jointly recommended sentence "authorized by law" and imposed by a sentencing judge is not subject to appellate review.

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

State v. Shirley, Unpublished Decision (01-02-2002) · filed 2002-01-02(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(G)(1)(d) provides for de novo review of a claim that a felony sentence is contrary to law.

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

We review such a contention on a de novo basis under R.C. 2953.08 (G)(1)(d).

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

State v. Pennington, Unpublished Decision (11-1-2001) · filed 2001-11-01(G)(1)(a), (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 limits an appellate court’s power to reduce, modify, or vacate a felony sentence to decisions clearly and convincingly unsupported by the record or contrary to law.

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

We note that under the sentencing procedures enacted as part of Senate Bill 2, an appellate court cannot reduce, modify or vacate the defendant's sentence unless we find the trial court's decision is clearly and convincingly unsupported by the record and/or contrary to law.

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

State v. Koch, Unpublished Decision (11-27-2001) · filed 2001-11-27(G)(2)

When reviewing a sentencing determination, appellate courts are statutorily authorized to modify or vacate a sentencing order if by clear and convincing evidence the record does not support the trial court's findings or the sentence imposed is otherwise contrary to law.

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

State v. Kuhlman, Unpublished Decision (12-5-2001) · filed 2001-12-05(G)(2)

When reviewing the imposition of a felony sentence, an appellate court must review the propriety of the trial court's decision and then substitute its judgment only upon clear and convincing evidence that the record does not support the sentencing court's findings or is otherwise contrary to law. R.C. 2953.08 (G)(2)(a), (b); see also State v. Martin (1999), 136 Ohio App.3d 355 , 361 .

Section 2953.08 directs 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. Lehman, Unpublished Decision (12-12-2001) · filed 2001-12-12

R.C. 2953.08 directs this court to modify or vacate a sentence if we clearly and convincingly find that the record does not support the sentence or if it is contrary to law. It is pursuant to this Standard of Review that we consider appellant's assignments of error.

Section 2953.08(G) requires an appellate court to find clearly and convincingly that a felony sentence is improper before disturbing it.

State v. Payton, Unpublished Decision (12-13-2001) · filed 2001-12-13(G)

Since this court thus cannot, pursuant to R.C. 2953.08 (G), clearly and convincingly find appellant's sentence is improper, his first, second and fourth assignments of error are overruled.

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

State v. Guthrie, Unpublished Decision (12-20-2001) · filed 2001-12-20(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)(2) governs appellate review of a felony sentence: the court will not reverse when clear and convincing evidence supports the trial court’s findings and the sentence is not contrary to law.

State v. Williams, Unpublished Decision (12-21-2001) · filed 2001-12-21(G)(2)

With regard to our standard of review, a sentencing order will not be reversed upon appeal so long as there is clear and convincing evidence in the record which supports the trial court's findings, and the sentence is not otherwise contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G) 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. Pruiett, Unpublished Decision (12-26-2001) · filed 2001-12-26(G)

The standard of review on an appeal of a sentencing order is set forth at R.C. 2953.08 (G), and requires this Court to determine whether the trial court clearly and convincingly acted contrary to law or record.

Section 2953.08(G)(1) requires clear and convincing evidence that the trial court erred before an appellate court may reverse a felony sentencing decision.

State v. Adkins, Unpublished Decision (11-15-2001) · filed 2001-11-15(G)(1)

In order 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. State v. Gonzalez (March 15, 2001), Cuyahoga App. No. 77338, unreported; R.C. 2953.08 (G)(1).

Section 2953.08 requires an appellant challenging a felony sentence to show sentencing error by clear and convincing evidence.

State v. Clark, Unpublished Decision (1-3-2002) · filed 2002-01-03(d)

Appellant must show, by clear and convincing evidence, that the trial court erred in sentencing her to six years for the felonious assault of her infant son. R.C. 2953.08 (d); Cincinnati Bar Association v. Massengale (1991), 58 Ohio St.3d 121 , 568 N.E.2d 1222 ; State v. Berry (Mar. 9, 2000), Cuyahoga App. No. 75471, unreported, 2000 WL 263733.

Section 2953.08(G)(2) sets a clear and convincing standard for appellate review of whether a felony sentence is contrary to law or the record.

State v. Walton, Unpublished Decision (01-23-2002) · filed 2002-01-23(G)(2)

Our standard of review is controlled by R.C. 2953.08 (G)(2), requiring this Court to determine if the trial court clearly and convincingly acted contrary to law or the record.

Section 2953.08(G)(1) provides a clear-and-convincing-evidence standard for appellate review of a felony sentence.

State v. Hood, Unpublished Decision (1-28-2002) · filed 2002-01-28(G)(1)

Appellant's assignment of error is overruled because there is clear and convincing evidence that the record supports the sentence imposed by the trial court. See R.C. 2953.08 (G)(1).

Section 2953.08 permits an appellate court to reduce, modify, or vacate a felony sentence only if the trial court's decision is clearly and convincingly unsupported by the record or contrary to law.

State v. Gaston, Unpublished Decision (2-7-2002) · filed 2002-02-07

[U]nder the sentencing procedures enacted as part of Senate Bill 2, an appellate court cannot reduce, modify or vacate the defendant's sentence unless we find the trial court's decision is clearly and convincingly unsupported by the record and/or contrary to law.

Section 2953.08(G)(2) requires an appellate court reviewing a felony sentence to apply the clear-and-convincing standard when deciding whether the record supports the sentence or the sentence is contrary to law.

State v. Ritchey, Unpublished Decision (2-25-2002) · filed 2002-02-25(G)(2)

Upon review, we cannot find clear and convincing evidence that the record does not support the consecutive nature of the sentences or that the aggregate sentence is otherwise contrary to law.

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

State v. McDonald, Unpublished Decision (3-7-2002) · filed 2002-03-07(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. ... Upon review, we cannot find clear and convincing evidence that the record does not support the consecutive nature of the sentences or that the aggregate sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires an appellate court reviewing whether the record supports consecutive-sentence findings to determine whether the trial court clearly and convincingly acted contrary to law or the record.

State v. McLeod, Unpublished Decision (3-13-2002) · filed 2002-03-13(G)(2)

However, if, as in this case, the appellant challenges whether or not the record supported the findings of the trial court, the appellate court must proceed to an analysis under R.C. 2953.08 (G)(2). The appellate court's standard of review is whether the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G)(2).

Section 2953.08(G)(2) 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. Rotarius, Unpublished Decision (3-13-2002) · filed 2002-03-13(G)(2)

An appellate court may not disturb a sentence imposed under felony sentencing law unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.

An appellate court may alter a felony sentence only on clear and convincing evidence that the sentencing court failed to comply with statutory requirements or that the record does not support its decision.

State v. Battiste, Unpublished Decision (3-14-2002) · filed 2002-03-14(G)(2)

We further reiterate that we may only alter the judge's determinations if we can find clear and convincing evidence either: that he did not comply with statutory mandates or the record does not support his decision in meting out sentence.

Section 2953.08(G) permits an appellate court to reverse a felony sentence when clear and convincing evidence shows that the sentence lacks record support, was imposed without the required statutory procedures, or is contrary to law.

State v. Jacobs, Unpublished Decision (3-14-2002) · filed 2002-03-14(G)

In order for us to reverse the court's decision to impose consecutive sentences, we must find by clear and convincing evidence 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. See R.C. 2953.08 (G).

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

State v. Meisenhelder, Unpublished Decision (3-18-2002) · filed 2002-03-18(G)(2)

Upon review, we cannot find clear and convincing evidence that the record does not support the consecutive nature of the sentences or that the aggregate sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires an appellate court to find clearly and convincingly that the record does not support the sentencing findings or that the sentence is contrary to law before disturbing it.

State v. Wallace, Unpublished Decision (3-29-2002) · filed 2002-03-29(G)(2)

We cannot "clearly and convincingly" find either that the record before us does not support the trial court's findings or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G)(2) directs an appellate court to review the record supporting a felony sentence; abuse of discretion is not the standard of review.

State v. Sampson, Unpublished Decision (4-8-2002) · filed 2002-04-08(G)(2)

The appellate court's standard for review is not whether the sentencing court abused its discretion. ... We have reviewed the record, and we find the trial court's reasons stated on the record reasons for imposing a sentence greater than the minimum, and for imposing the sentences consecutively. These sentences comply with the statutes and are supported by the record.

Section 2953.08(G) sets a clear-and-convincing-evidence standard for reviewing the challenged felony sentence.

State v. Stewart, Unpublished Decision (4-15-2002) · filed 2002-04-15(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 upon a clear and convincing finding that the record does not support it, the required prison-sentencing procedures were not followed, or the sentence is contrary to law.

State v. Jordan, Unpublished Decision (1-14-2002) · filed 2002-01-14(G)(1)

The appellate court may modify the sentence upon clearly and convincingly finding that: (1) the record does not support the sentence; (2) the trial court imposed a prison term contrary to the procedures of R.C. 2929.13 (B) because either the court failed to make the preliminary findings before imposing a prison sentence for a fourth or fifth degree felony, or, there was an insufficient basis for imposing a prison term; or (3) the sentence imposed was contrary to law.

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

State v. Schmidt, Unpublished Decision (2-6-2002) · filed 2002-02-06(G)(2)

R.C. 2953.08 (G)(2) authorizes appellate courts to increase, reduce, or otherwise modify or vacate a sentence and remand the matter to the trial court for re-sentencing if the court finds by clear and convincing evidence that the record does not support the sentencing court's statutorily mandated findings or that the sentence is otherwise contrary to law.

Section 2953.08 permits an appellate court to reduce, modify, or vacate a felony sentence when it finds the sentence clearly and convincingly unsupported by the record or contrary to law.

State v. Solomon, Unpublished Decision (2-14-2002) · filed 2002-02-14

We note that under the sentencing procedures enacted as part of Senate Bill 2, an appellate court cannot reduce, modify or vacate the defendant's sentence unless we find the trial court's decision is clearly and convincingly unsupported by the record and/or contrary to law. ... We find that the sentence imposed is supported by the record and not contrary to law.

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

State v. Martinez, Unpublished Decision (2-22-2002) · filed 2002-02-22(G)(2)

In reviewing such an appeal, the appellate court may increase, reduce or otherwise modify the sentence or may vacate the sentence and remand the matter for resentencing where it is established by clear and convincing evidence that the record does not support the sentencing court's findings made pursuant to R.C. 2929.13 (B) or the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2).

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

State v. Spatney, Unpublished Decision (2-27-2002) · filed 2002-02-27(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 appellate court finds that the trial court clearly and convincingly acted contrary to law or the record. R.C. 2953.08 (G).

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

State v. Boland · filed 2002-03-12(G)

R.C. 2953.08(G) provides 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 resentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.

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

State v. Boland, Unpublished Decision (3-12-2002) · filed 2002-03-12(G)

R.C. § 2953.08 (G) provides 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, "a) that the record does not support the sentence; [or] * * * (d) that the sentence is otherwise contrary to law." Therefore, this Court must examine Appellant's sentence to determine whether the record supports the sentence or whether the sentence is otherwise contrary to law.

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

State v. Mitchell, Unpublished Decision (3-28-2002) · filed 2002-03-28(G)(2)

R.C. 2953.08 (G)(2) authorizes appellate courts to increase, reduce, or otherwise modify or vacate a sentence and remand the matter to the trial court for re-sentencing if the court finds by clear and convincing evidence: (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 . ... Having reviewed the entirety of the record herein, we find that the trial court properly complied with the sentencing guidelines set forth in R.C. Chapter 2929 in sentencing Mitchell for the fifth degree felony offense, that the court's analysis illustrates that it fulfilled its obligation to consider appropriate sentencing guidelines, that the record supports the court's determinations, and that the sentence is not contrary to law.

Section 2953.08 permits an appellate court to decline to modify a felony sentence when it finds the sentence supported by clear and convincing evidence.

State v. Rivera, Unpublished Decision (4-11-2002) · filed 2002-04-11

Having reviewed the entire record, we find that the trial court's sentence is supported by clear and convincing evidence and, therefore, decline to modify the sentence pursuant to R.C. 2953.08 .

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

State v. Myers, Unpublished Decision (4-15-2002) · filed 2002-04-15(G)(2)

Upon review, we cannot find, under the clear and convincing standard of R.C. 2953.08 , that the record does not support the sentence.

Section 2953.08 permits a court of appeals to modify a sentence or vacate it and remand for resentencing when it clearly and convincingly finds the sentence unsupported by the record or contrary to law.

State v. Colegrove, Unpublished Decision (4-18-2002) · filed 2002-04-18(G)(1)(a), (G)(1)(d)

When a court of appeals clearly and convincingly finds that a sentence imposed by a judge is unsupported by the record or contrary to law, the court of appeals may modify the sentence or vacate the sentence and remand the matter for re-sentencing.

Section 2953.08 limits an appellate court’s ability to reduce, modify, or vacate a felony sentence to decisions clearly and convincingly unsupported by the record or contrary to law.

State v. Mitchell, Unpublished Decision (4-18-2002) · filed 2002-04-18

We note that under the sentencing procedures enacted as part of Senate Bill 2, an appellate court cannot reduce, modify or vacate the defendant's sentence unless we find the trial court's decision is clearly and convincingly unsupported by the record and/or contrary to law.

Section 2953.08(G)(2) requires an appellate court to review whether the record supports the trial court’s findings when the appellant challenges that support.

State v. Pacely, Unpublished Decision (3-6-2002) · filed 2002-03-06(G)(2)

If an appellant merely challenges whether or not the trial court made the required findings for imposing consecutive sentences and the appellate court finds that the trial court made the findings, the appellate court's review is complete. However, if, as in this case, the appellant challenges whether or not the record supported the findings of the trial court, the appellate court must proceed to an analysis under R.C. 2953.08 (G)(2).

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. Simpson, Unpublished Decision (3-28-2002) · filed 2002-03-28(G)

R.C. § 2953.08 (G) governs the scope of appellate review and provides that a court reviewing 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) That the record does not support the sentence; [or] * * * (d) That the sentence is otherwise contrary to law."

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

State v. Briscoe, Unpublished Decision (4-22-2002) · filed 2002-04-22(G)(2)

An appellate court may not disturb an imposed sentence unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08 requires an appellate court to find clear and convincing evidence that a felony sentence lacks record support or is contrary to law before substituting its judgment.

State v. Newberry, Unpublished Decision (5-3-2002) · filed 2002-05-03(G)(2)(a)

An appellate court is to review the propriety of a trial court's felony sentencing decisions and substitute its judgment only upon finding clear and convincing evidence that the record does not support the sentencing court's findings or is otherwise contrary to law.

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

State v. Stell, Unpublished Decision (5-16-2002) · filed 2002-05-16(G)

An appellate court may disturb the sentence imposed only if it clearly and convincingly finds that the record does not support the judge's findings under the statutory factors found in R.C. 2929.13 (B) and (D) or the sentence is otherwise contrary to law.

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the record does not support it, the trial court failed to follow required procedures, or the sentence is contrary to law.

State v. Abercrombie, Unpublished Decision (5-20-2002) · filed 2002-05-20(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).

Section 2953.08(G)(2) requires an appellate court to clearly and convincingly find that the record does not support the sentencing court’s findings before modifying a sentence; this standard gives the findings some deference, but less than abuse-of-discretion review.

State v. Hacker, Unpublished Decision (6-14-2002) · filed 2002-06-14(G)(2)

Thus, the abuse of discretion standard of appellate review for sentencing has been replaced by a standard of review that is less deferential to the trial court. Nevertheless, the requirement that the appellate court "clearly and convincingly" find that the record does not support the sentencing court's findings, suggests that a trial court's sentencing findings are entitled to deference, but not the same extent of deference that prevailed under the abuse of discretion standard of review.

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 sentence.

State v. Clark, Unpublished Decision (6-20-2002) · filed 2002-06-20(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.

Section 2953.08(G)(2) 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. Sturbaum, Unpublished Decision (6-21-2002) · filed 2002-06-21(G)(2)

An appellate court may not disturb a sentence unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G)(2)(a)(b).

Section 2953.08(G)(2) allows reversal of a felony sentence when clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Bruce, Unpublished Decision (6-26-2002) · filed 2002-06-26(G)(2)

An appellate court will not reverse a sentence unless the court finds by "clear and convincing evidence" that the sentence is unsupported by the record or contrary to law. See R.C. 2953.08 (G)(2)(a) and (b).

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 sentence.

State v. Haamid, Unpublished Decision (6-27-2002) · filed 2002-06-27(G)(1)

We begin by noting that an appellate court will not reverse a trial court on sentencing issues unless the defendant shows by clear and convincing evidence that the trial court has erred. R.C. 2953.08 (G)(1).

Section 2953.08(G) permits reversal of a felony sentence when clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Lyons, Unpublished Decision (7-3-2002) · filed 2002-07-03(G)

A reviewing court will not reverse a sentence unless that court finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law. See R.C. 2953.08 (G).

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

State v. Huntley, Unpublished Decision (4-22-2002) · filed 2002-04-22(G)(1)(a) and (d)

We may not reverse a sentence unless we find 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)(1)(a) and (d).

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

State v. Vargas, Unpublished Decision (4-22-2002) · filed 2002-04-22(G)(2)

At the outset, we note R.C. 2953.08 governs an appeal of sentence for felony. ... In short, we find that appellant has failed to clearly and convincingly demonstrate that the record does not support appellant's sentence.

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

State v. Wobbler, Unpublished Decision (4-23-2002) · filed 2002-04-23(G)(2)

R.C. 2953.08 (G)(2) authorizes appellate courts to increase, reduce, or otherwise modify or vacate a sentence and remand the matter to the trial court for re-sentencing if the court finds by clear and convincing evidence: ... That the sentence is otherwise contrary to law . ... Therefore, Wobbler has not clearly and convincingly demonstrated that the sentencing decision that the sentence was unsupported by the record or contrary to law.

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

State v. Bennett, Unpublished Decision (4-24-2002) · filed 2002-04-24(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 appellate court clearly and convincingly finds that the sentencing court acted contrary to law or the record.

Section 2953.08 permits an appellate court to reduce, modify, or vacate a felony sentence only when the trial court's decision is clearly and convincingly unsupported by the record or contrary to law.

State v. Jackson, Unpublished Decision (5-2-2002) · filed 2002-05-02

We note that under the sentencing procedures enacted as part of Senate Bill 2, an appellate court cannot reduce, modify or vacate the defendant's sentence unless we find the trial court's decision is clearly and convincingly unsupported by the record and/or contrary to law.

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

State v. Miller, Unpublished Decision (5-28-2002) · filed 2002-05-28(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)(2) permits an appellate court to modify or vacate a felony sentence if clear and convincing evidence shows that specified findings lack record support or the sentence is otherwise contrary to law.

State v. Pitt, Unpublished Decision (5-28-2002) · filed 2002-05-28(G)(2)

R.C. 2953.08 (G)(2) authorizes appellate courts to increase, reduce, or otherwise modify or vacate a sentence and remand the matter to the trial court for re-sentencing if the court finds by clear and convincing evidence: (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 . ... Therefore, Pitt has not shown that the trial court abused its discretion in revoking judicial release and has not clearly and convincingly demonstrated that the sentence imposed was unsupported by the record or contrary to law.

Section 2953.08(G)(2) permits 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. Yirga, Unpublished Decision (6-4-2002) · filed 2002-06-04(G)(2)

R.C. 2953.08 (G)(2) authorizes appellate courts to increase, reduce, or otherwise modify or vacate a sentence and remand the matter to the trial court for re-sentencing if the court finds by clear and convincing evidence: "`(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." ... Accordingly, Yirga's third assignment of error is sustained and the solitary confinement provision is hereby vacated.

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

State v. Dubose, Unpublished Decision (6-6-2002) · filed 2002-06-06(G)

R.C. § 2953.08 (G) provides that an appellate court entertaining an appeal of a felony sentence may modify or vacate a sentence and remand the matter to the trial court for resentencing 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." Therefore, this Court must examine Appellant's sentence with an eye toward whether the record supports the sentence or whether it is otherwise contrary to law.

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

State v. McNeal, Unpublished Decision (6-18-2002) · filed 2002-06-18(G)(2)

R.C. 2953.08 (G)(2) authorizes appellate courts to increase, reduce, or otherwise modify or vacate a sentence and remand the matter to the trial court for re-sentencing if the court finds by clear and convincing evidence: ... "(b) That the sentence is otherwise contrary to law."

Section 2953.08(G)(2) allows an appellate court to leave a consecutive felony sentence in place when it is supported by the record and not contrary to law.

State v. Clark, Unpublished Decision (6-21-2002) · filed 2002-06-21(G)(2)

Thus, the imposition of consecutive sentences was not contrary to law, was supported by the record, and will not be reversed by this court. See R.C. 2953.08 (G)(2).

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

State v. Bunting, Unpublished Decision (7-8-2002) · filed 2002-07-08(G)(2)

In reading the sentencing transcript as a whole, we find the mandates of R.C. 2953.08 (G) have been met. ... Upon review, we cannot find 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) requires an appellate court reviewing a maximum felony sentence to determine whether the trial court clearly and convincingly acted contrary to law or the record.

State v. Manges, Unpublished Decision (6-26-2002) · filed 2002-06-26(G)(2)

Once it has been determined that the trial court made the required findings for imposing a maximum sentence as required by R.C. 2929.19 (B)(2)(d), this Court's standard of review is controlled by R.C. 2953.08 (G)(2), requiring it to determine if the trial court clearly and convincingly acted contrary to law or the record.

Section 2953.08(G)(2) allows an appellate court to disturb a felony sentence only if it finds by clear and convincing evidence that the sentence is unsupported by the record or contrary to law.

State v. Hatfield · filed 2002-07-15(G)(2)

An appellate court may not disturb an imposed 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(G) sets a clear-and-convincing-evidence standard for appellate review of a maximum felony sentence.

State v. Daniels, Unpublished Decision (7-15-2002) · filed 2002-07-15(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) 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. Krcal, Unpublished Decision (7-18-2002) · filed 2002-07-18(G)(1)

We further note that an appellate court will not reverse a trial court on sentencing issues unless the defendant shows by clear and convincing evidence that the trial court has erred. R.C. 2953.08 (G)(1).

Subsection (F) requires the appellate court to review the entire record when deciding whether the trial court's findings support a felony prison term above the minimum.

State v. Jones, Unpublished Decision (7-23-2002) · filed 2002-07-23(F)

Having reviewed the entire record, as required by R.C. 2953.08 (F), we hold that the record in this case reveals that the trial court's stated reasons and findings do not support imposition of a prison term longer than the shortest term authorized for the offense.

Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only if clear and convincing evidence shows that it lacks record support or is contrary to law.

State v. Drobiezewski, Unpublished Decision (8-30-2002) · filed 2002-08-30(G)(2)

R.C. 2953.08 , which governs the appeal of felony sentences, dictates that an appellate court may not disturb a sentence imposed under felony sentencing law 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)(2) permits an appellate court to disturb 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. Fisher, Unpublished Decision (9-23-2002) · filed 2002-09-23(G)(2)

We cannot find clear and convincing evidence that the record does not support the trial court's findings or that the sentence is otherwise contrary to law.

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

State v. Braxton, Unpublished Decision (9-26-2002) · filed 2002-09-26(G)

An appellate court can only reverse or modify a sentence if it clearly and convincingly finds that the record does not support the sentence, or that the sentence is contrary to law.

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

State v. Hill, Unpublished Decision (10-7-2002) · filed 2002-10-07(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)(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 or that the sentence is contrary to law.

State v. Severns, Unpublished Decision (7-11-2002) · filed 2002-07-11(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. ... Upon review, we cannot find 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) permits an appellate court to modify or vacate a felony sentence only if it finds by clear and convincing evidence that the sentence is unsupported by the record or contrary to law.

State v. Elder, Unpublished Decision (7-25-2002) · filed 2002-07-25(G)

While consistency is an aim of sentencing, a court has broad discretion when considering the sentencing factors set forth in the Revised Code, and an appellate court cannot modify or vacate a sentence unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. See State v. Yontz (1986), 33 Ohio App.3d 342 ; 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 the record does not support the sentencing court’s findings or that the sentence is contrary to law.

State v. Tayeh, Unpublished Decision (7-25-2002) · filed 2002-07-25(G)(2)

In other words, applying the clear and convincing standard we cannot find that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law.

Section 2953.08(G)(1) permits 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. Limbach, Unpublished Decision (7-29-2002) · filed 2002-07-29(G)(1)

Pursuant to R.C. 2953.08 (G)(1), "[t]he 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: (a) That the record does not support the sentence; "* * *" (d) That the sentence is otherwise contrary to law." ... We further find that the record supports the trial court's findings.

Section 2953.08(B)(1) permits an appellate court to vacate a sentence and remand for resentencing only when it clearly and convincingly finds one of the listed grounds.

State v. Page, Unpublished Decision (8-1-2002) · filed 2002-08-01(B)(1)

Our review of trial court sentencing decisions is limited. This court may vacate a sentence and remand for resentencing only "if the court clearly and convincingly finds" one of the factors listed in R.C. 2953.08 (B)(1).

An appellate court may alter a felony sentence if it clearly and convincingly finds that the specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Byler, Unpublished Decision (8-2-2002) · filed 2002-08-02(G)(2)

Upon review, we do not find clear and convincing evidence that the record does not support the sentence or that the sentence is otherwise contrary to law.

Section 2953.08 permits an appellate court to reduce, modify, or vacate a felony sentence only when the sentence is clearly and convincingly unsupported by the record or contrary to law.

State v. Fannin, Unpublished Decision (8-15-2002) · filed 2002-08-15

We note that under the sentencing procedures enacted as part of Senate Bill 2, an appellate court cannot reduce, modify or vacate the defendant's sentence unless we find the trial court's decision is clearly and convincingly unsupported by the record and/or contrary to law.

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

State v. Jackson, Unpublished Decision (8-15-2002) · filed 2002-08-15(G)

An appellate court can only reverse or modify a sentence if the appellate court clearly and convincingly finds that the record does not support the sentence, or that the sentence is contrary to law. R.C. 2953.08 (G).

Section 2953.08(G)(2) permits an appellate court to modify a sentence or remand for resentencing if it finds clear and convincing evidence that the trial court acted contrary to law.

State v. Newman, Unpublished Decision (8-21-2002) · filed 2002-08-21(G)(2)

An appellate court may modify a sentence or remand the matter for resentencing if it finds that the trial court clearly and convincingly acted contrary to the law. R.C. 2953.08 (G)(2).

Section 2953.08 permits an appellate court to reduce, modify, or vacate a felony sentence only when the trial court’s decision is clearly and convincingly unsupported by the record or contrary to law.

State v. Duvall, Unpublished Decision (9-5-2002) · filed 2002-09-05

Under the sentencing procedures enacted as part of Senate Bill 2, an appellate court cannot reduce, modify or vacate the defendant's sentence unless we find the trial court's decision is clearly and convincingly unsupported by the record and/or contrary to law.

Section 2953.08(G) allows a reviewing court to reverse a felony sentence only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Hill, Unpublished Decision (9-5-2002) · filed 2002-09-05(G)

A reviewing court will not reverse a sentence unless that court finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law. See R.C. 2953.08 (G).

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

State v. Hawkins, Unpublished Decision (9-9-2002) · filed 2002-09-09(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. ... Upon review, we cannot find clear and convincing evidence that the record does not support the consecutive nature of the sentences or that the aggregate sentence is otherwise contrary to law.

Section 2953.08(G)(1) allows an appellate court to modify a felony sentence upon a clear and convincing finding that the record does not support it, that it improperly includes or excludes a prison term, or that it is contrary to law; the appellate court does not substitute its judgment for the trial court's.

State v. Dillon, Unpublished Decision (9-13-2002) · filed 2002-09-13(G)(1)(a)-(d)

The appellate court may modify the sentence upon clearly and convincingly finding that the record does not support the sentence, the sentence erroneously includes or excludes a prison term, or the sentence is contrary to law. R.C. 2953.08 (G)(1)(a)-(d). In applying this standard of review, we do not substitute our judgment for that of the trial court.

Section 2953.08(G)(2) allows an appellate court to reverse a sentencing order when 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.

State v. Gonzales, Unpublished Decision (9-26-2002) · filed 2002-09-26(G)(2)

We will reverse a sentencing order upon appeal if we clearly and convincingly find the evidence in the record does not support the trial court's findings or the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G) permits reversal of a felony sentence when clear and convincing evidence shows that it is unsupported by the record or contrary to law.

State v. Edwards, Unpublished Decision (9-26-2002) · filed 2002-09-26(G)

A reviewing court will not reverse a sentence unless that court finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law. See R.C. 2953.08 (G).

Section 2953.08(G) governs when an appellate court may remand or modify a felony sentence.

State v. Gaid, Unpublished Decision (10-3-2002) · filed 2002-10-03(G)

Her comments show findings consistent with a recognition and consideration of relevant factors under R.C. 2929.12 , and we do not find that the prison term requires remand or modification under any of the standards set forth in R.C. 2953.08 (G).

Section 2953.08(G)(2) requires an appellant to show by clear and convincing evidence that the sentencing findings lack record support or that the sentence is contrary to law.

State v. Long, Unpublished Decision (10-16-2002) · filed 2002-10-16(G)(2)

"An appellate court should not disturb [a] sentence unless it clearly and convincingly finds that either the record does not support the trial court's findings under R.C. 2929.13 (B) [or] (D), R.C. 2929.14 (E)(4) or R.C. 2929.20 (H), or that the sentence is contrary to law." State v. Johnson , Washington App. No. 01CA5, 2002-Ohio-2576, at ¶ 36, citing R.C. 2953.08 (G)(2)(a) and (b). In other words, appellant must persuade this Court, by clear and convincing evidence, that the trial court erred when it imposed upon him the maximum sentence .

Section 2953.08(G) requires clear and convincing evidence that the record does not support the trial court's findings before an appellate court modifies a felony sentence.

State v. Akanny, Unpublished Decision (9-12-2002) · filed 2002-09-12(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) permits a felony sentence to be vacated only if clear and convincing evidence shows it is contrary to law.

State v. Hatfield, Unpublished Decision (9-20-2002) · filed 2002-09-20(G)

Although a defendant has a right to appeal his sentence, the sentence may only be vacated if it is shown to be contrary to law by clear and convincing evidence.

Section 2953.08 requires a defendant to show by clear and convincing evidence that the trial court erred before an appellate court reverses a felony sentence.

State v. Millet, Unpublished Decision (10-3-2002) · filed 2002-10-03

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.

Section 2953.08(G)(1) limits reversal of a felony sentence to grounds established by clear and convincing evidence, including lack of record support or a sentence contrary to law.

State v. Bellomy, Unpublished Decision (10-9-2002) · filed 2002-10-09(G)(1)(a) and (d)

We may not reverse a sentence unless we find by clear and convincing evidence that the evidence is unsupported by the record, or that it is contrary to law. R.C. 2953.08 (G)(1)(a) and (d).

Section 2953.08(G)(2) controls appellate review of whether the record supports a felony sentence and whether the sentence is contrary to law.

State v. Litton, Unpublished Decision (10-30-2002) · filed 2002-10-30(G)(2)

This Court's standard of review is controlled by R.C. 2953.08 (G)(2), which states: ... This Court finds that the record does not reveal that the trial court acted contrary to law or the record when it imposed the maximum sentence upon appellant.

Section 2953.08(G) permits a reviewing court to disturb 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. Sim, Unpublished Decision (11-1-2002) · filed 2002-11-01(G)

Pursuant to R.C. 2953.08 (G), a reviewing court will not disturb a defendant's 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."

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

State v. Donald, Unpublished Decision (11-4-2002) · filed 2002-11-04(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. Subsection (G)(2) states: {¶ 39} "The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by the sentencing court. 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's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: {¶ 40} "(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; {¶ 41} "(b) That the sentence is otherwise contrary to law."

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the record does not support it, the trial court failed to follow required procedures, or the sentence is contrary to law.

State v. King, Unpublished Decision (11-4-2002) · filed 2002-11-04(G)

When reviewing a trial court's sentencing decision, an appellate 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).

Section 2953.08(G) permits reversal of a sentence only when the reviewing court finds by clear and convincing evidence that it is unsupported by the record or contrary to law.

State v. Armstrong, Unpublished Decision (11-7-2002) · filed 2002-11-07(G)

A reviewing court will not reverse a sentence unless that court finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law. State v. Edwards (Sept. 26, 2002), 2002-Ohio-5064, Cuyahoga App. No. 80133 citing to R.C. 2953.08 (G). ... While perhaps this court would have determined otherwise, the appellant has not presented clear and convincing evidence that the sentence is unsupported by the record or is contrary to law. Thus, this court has no basis for reversal.

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

State v. Davis, Unpublished Decision (11-12-2002) · filed 2002-11-12(G)(2)

At the outset, we note R.C. 2953.08 governs an appeal of sentence for felony. Subsection (G)(2) states as follows: ... "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's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... "(b) That the sentence is otherwise contrary to law."

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

State v. Skaggs, Unpublished Decision (11-15-2002) · filed 2002-11-15(G)(2)

An appellate court may not disturb a sentence imposed under felony sentencing law 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) permits reversal of a sentence only when clear and convincing evidence shows that the sentence is contrary to law.

State v. Williams, Unpublished Decision (11-21-2002) · filed 2002-11-21(G)

We cannot reverse the trial court on sentencing unless there is clear and convincing evidence that the sentence is contrary to law. 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 otherwise contrary to law.

State v. Craft, Unpublished Decision (1-10-2003) · filed 2003-01-10(G)(2)

The standard of review applicable to appellant's assignments of error is set out in R.C. 2953.08 (G)(2) which provides: ... The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... "(b) That the sentence is otherwise contrary to law."

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

State v. Simmons, Unpublished Decision (11-27-2002) · filed 2002-11-27(G)(2)

On this record, we cannot clearly and convincingly find that the record does not support the court's findings under the relevant statute, or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2); State v. Culp (May 25, 2001), Champaign App. No. 2000-CA-17.

Section 2953.08 permits an appellate court to reduce, modify, or vacate a felony sentence only when the required clear and convincing showing establishes that the sentence is unsupported by the record or contrary to law.

State v. Mosby, Unpublished Decision (11-27-2002) · filed 2002-11-27

It is well settled that an appellate court cannot reduce, modify or vacate the defendant's sentence unless we find the trial court's decision is clearly and convincingly unsupported by the record and/or contrary to law. R.C. 2953.08 ; State v. Parker (Jan. 19, 1999), Clermont App. No. CA 98-04-025; State v. Garcia (1998), 126 Ohio App.3d 485 ; State v. Donnelly (Dec. 30, 1998), Clermont App. No. CA98-05-034.

Section 2953.08 permits a reviewing court to modify a felony sentence when clear and convincing evidence shows that the record does not support it.

State v. Claudio, Unpublished Decision (12-6-2002) · filed 2002-12-06(G)(2)

R.C. 2953.08 provides that a reviewing court may increase, decrease, or otherwise modify a felony sentence if it finds by clear and convincing evidence that the record does not support the sentence. ... The record in this case clearly and convincingly fails to support a total sentence of eleven months as originally noted in the trial court's judgment entry. As a result, we hold that the total length of appellant's sentence in this case is twenty-two months, not eleven as appellant suggests.

Section 2953.08(G)(2) requires an appellate court to find clearly and convincingly that the record does not support a felony sentence or that the sentence is otherwise contrary to law before disturbing it.

State v. Priest, Unpublished Decision (12-6-2002) · filed 2002-12-06(G)(2)

We cannot clearly and convincingly find either that the record does not support the court's sentence, or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2).