Ohio Rev. Code Ann. § 2953.08

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

State v. Huntley, Unpublished Decision (12-9-2002) · filed 2002-12-09(G)(1)

If we find, by clear and convincing evidence, that the record does not support the sentence or that the sentence is contrary to law, we may increase, reduce, modify or vacate the sentence.

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

State v. Richards, Unpublished Decision (12-9-2002) · filed 2002-12-09(G)(2)

Upon reviewing a sentence, we may increase, reduce, or otherwise modify a sentence only if we find 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)(2). ... It is clear from the record that the court's finding that consecutive sentences were necessary to protect the public from future crime was supported by the record.

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

State v. Unrue, Unpublished Decision (12-18-2002) · filed 2002-12-18(G)(2)(b)

Thus, if this Court clearly and convincingly finds that the sentence imposed by the trial court is contrary to law, we can modify the sentence, or vacate the sentence, and remand the matter to the trial court for resentencing.

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

State v. Doss, Unpublished Decision (12-19-2002) · filed 2002-12-19(G)(2)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, by clear and convincing evidence, the record does not support the sentencing court's findings under R.C. 2929.13 (B) or (D), 2929.14 (E)(4), or 2929.20 (H), or if the sentence is otherwise contrary to law.

Section 2953.08(G) allows 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. Salemi, Unpublished Decision (12-19-2002) · filed 2002-12-19(G)

An appellate court can reverse or modify a sentence only if the 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 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. Brock, Unpublished Decision (12-27-2002) · filed 2002-12-27(G)(2)

On this record, we cannot clearly and convincingly find either that the record does not support the court's findings under the relevant statutes or that the sentence is otherwise contrary to law. Thus, we cannot disturb the trial court's sentence.

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

State v. Nelson, Unpublished Decision (12-6-2002) · filed 2002-12-06(G)(2)(a) and (b)

A reviewing court will 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) and (b).

Section 2953.08(G)(2) places the burden on the reviewing court to show by clear and convincing evidence that a felony sentencing decision is erroneous.

State v. Love, Unpublished Decision (12-16-2002) · filed 2002-12-16(G)(2)

According to R.C. 2953.08 (G)(2), the burden is on the reviewing court to show by clear and convincing evidence that the trial court's sentencing decision is in error.

Section 2953.08(G)(2) requires clear and convincing grounds to disturb a felony sentence on appeal, including that the record does not support the sentencing findings or that the sentence is contrary to law.

State v. Doup, Unpublished Decision (12-16-2002) · filed 2002-12-16(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) 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. Welsh, Unpublished Decision (12-19-2002) · filed 2002-12-19(G)

An appellate court can reverse or modify a sentence only if the court 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) makes abuse of discretion the wrong standard for reviewing a felony sentence.

State v. Barnhart, Unpublished Decision (12-26-2002) · filed 2002-12-26(G)(2)

The appellate court's standard for review is not whether the sentencing court abused its discretion.

Section 2953.08(G)(2) requires an appellate court to find clearly and convincingly that a felony sentence is contrary to law before rejecting it on that ground.

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

On this record we cannot clearly and convincingly find that the trial court's imposition of more than just the minimum sentence is contrary to law. R.C. 2953.08 (G)(2).

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

State v. Berry, Unpublished Decision (1-15-2003) · filed 2003-01-15(G)(2)

Upon reviewing a sentence, we may increase, reduce, or otherwise modify a sentence only if we find 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)(2).

Section 2953.08(G)(2) 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. O'connell, Unpublished Decision (1-21-2003) · filed 2003-01-21(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)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the sentence is contrary to law.

State v. Crawford, Unpublished Decision (1-21-2003) · filed 2003-01-21(G)(2)

Subsection (G)(2) of R.C. 2953.08 governs an appeal of a sentence for a felony conviction. ... Having reviewed the record in this matter, we do not find, by clear and convincing evidence, the trial court's imposition of the maximum sentence is contrary to law.

Section 2953.08(G) requires an appellate court to reverse a sentence if clear and convincing evidence shows it is unsupported by the record or contrary to law.

State v. Kennedy, Unpublished Decision (1-23-2003) · filed 2003-01-23(G)

We review the imposition of sentences under a clear and convincing standard. Therefore, this court will reverse the trial court's imposition of sentences if we find by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G).

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

State v. Redman, Unpublished Decision (2-10-2003) · filed 2003-02-10(G)

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

Section 2953.08(G) permits an appellate court to substitute its judgment for the trial court’s only upon clear and convincing evidence of one of four specified errors.

State v. David, Unpublished Decision (2-14-2003) · filed 2003-02-14(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) permits an appellate court to disturb a felony sentence when clear and convincing evidence shows an enumerated sentencing error.

State v. Mendez, Unpublished Decision (2-19-2003) · filed 2003-02-19(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) 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. Casey, Unpublished Decision (3-10-2003) · filed 2003-03-10(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. R.C. 2953.08 (G)(2).

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

State v. Hobson, Unpublished Decision (3-31-2003) · filed 2003-03-31(G)(2)

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

Section 2953.08(G)(2) permits remand for resentencing when an appellate court clearly and convincingly finds that the trial court's findings lack record support or that the sentence is otherwise contrary to law.

State v. Alfano, Unpublished Decision (1-22-2003) · filed 2003-01-22(G)(2)

An appellate court may remand a matter on appeal for resentencing if it clearly and convincingly finds that the court's findings are unsupported by the record or that the sentence imposed by the trial court is otherwise contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G)(2) allows 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. Allen, Unpublished Decision (1-27-2003) · filed 2003-01-27(G)(2)

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(D) bars appellate review of an agreed sentence.

State v. Thornton, Unpublished Decision (1-29-2003) · filed 2003-01-29(D)

The record reflects that the trial court ensured that Thornton's pleas were made knowingly and voluntarily pursuant to Crim.R. 11(C), and the agreed sentence is not subject to review pursuant to R.C. 2953.08 (D).

Section 2953.08(G) limits modification or vacation of a felony sentence to specified grounds established clearly and convincingly.

State v. Hellman, Unpublished Decision (2-4-2003) · filed 2003-02-04(G)

An appellate court may not modify or vacate a trial court's sentence unless it "clearly and convincingly" finds: "(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."

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

State v. Fairbanks, Unpublished Decision (2-14-2003) · filed 2003-02-14(G)

An appellate court may modify or vacate a sentence if the sentence is contrary to law. R.C. 2953.08 (G).

Section 2953.08(G)(2) permits reversal of a felony sentence for a sentencing error only upon a clear and convincing showing that the record does not support the sentence or that the sentence is contrary to law.

State v. Raver, Unpublished Decision (3-4-2003) · filed 2003-03-04(G)(2)(a) and (b)

Reversible error predicated on an error in application of the sentencing guidelines will be found on appeal only if the defendant makes a clear and convincing showing that the record does not support his sentence or that the sentence is contrary to law. R.C. 2953.08 (G)(2)(a) and (b).

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

State v. Chaney, Unpublished Decision (3-13-2003) · filed 2003-03-13(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. R.C. 2953.08 (G)(2); State v. Garcia (1998), 126 Ohio App.3d 485 , 487 .

Section 2953.08 limits appellate modification of a felony sentence to cases where the sentence is clearly and convincingly unsupported by the record or contrary to law.

State v. M. Z., Unpublished Decision (3-13-2003) · filed 2003-03-13(G)(2)

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.

Section 2953.08(G)(2) 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.

State v. Watkins, Unpublished Decision (3-19-2003) · filed 2003-03-19(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(G)(1) 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, required sentencing procedures were not followed, or it is contrary to law.

State v. Hitchcock, Unpublished Decision (3-21-2003) · filed 2003-03-21(G)(1)

We initially note that when an appellate court reviews a trial court's sentencing decision, the 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.

Under § 2953.08(G), an appellate court will not modify 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. Morrison, Unpublished Decision (3-27-2003) · filed 2003-03-27(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 if clear and convincing evidence shows that the specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Jones, Unpublished Decision (3-31-2003) · filed 2003-03-31(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; [or] (b) That the sentence is otherwise contrary to law.

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

State v. Head, Unpublished Decision (4-3-2003) · filed 2003-04-03(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; [or] (b) That the sentence is otherwise contrary to law.

Section 2953.08 permits an appellate court to modify a felony sentence upon a clear and convincing finding that the record does not support it, required sentencing procedures were not followed, or the sentence is contrary to law.

State v. Baird, Unpublished Decision (3-4-2003) · filed 2003-03-04(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) permits reversal of a felony sentence only when the appellate court finds by clear and convincing evidence that the record does not support it or that it is contrary to law.

State v. Moore, Unpublished Decision (3-12-2003) · filed 2003-03-12(G)(2)

We may not reverse a trial court's sentence unless we find by clear and convincing evidence that the record does not support the sentence or that it is contrary to law.

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

State v. Noland, Unpublished Decision (3-12-2003) · filed 2003-03-12(G)(2)

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. ... Noland has failed to establish by clear and convincing evidence that his sentence is not supported by the record or is contrary to law.

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 or is contrary to law.

State v. Rhodes, Unpublished Decision (3-14-2003) · filed 2003-03-14(G)(1)(a) and (d)

An appellate court may only reverse a sentence imposed under Senate Bill 2 if 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)(1)(a) and (d).

Section 2953.08(G)(2) permits an appellate court to disturb a trial court's recidivism findings only when it clearly and convincingly concludes that the record does not support them.

State v. Ryan, Unpublished Decision (3-14-2003) · filed 2003-03-14(G)(2)

In order to disturb the trial court's recidivism findings, we would have to "clearly and convincingly" conclude that the record does not support them. R.C. 2953.08 (G)(2). We hold that the record, however, amply supports the court's findings that Ryan posed the greatest likelihood of recidivism.

Section 2953.08(G) permits an appellate court to disturb a felony sentence upon a clear and convincing showing that it lacks record support, fails to follow sentencing procedures, lacks a sufficient basis for imprisonment, or is contrary to law.

State v. Reeder, Unpublished Decision (3-21-2003) · filed 2003-03-21(G)

Therefore, a sentence imposed by a trial court will not be disturbed absent a showing, by clear and convincing evidence, that the trial court imposed a sentence unsupported by the record, failed to follow the procedure of the sentencing statutes, failed to establish a sufficient basis for the imposition of a prison term, or imposed of a sentence contrary to law. R.C. 2953.08 (G).

Section 2953.08(G)(1) permits a reviewing court to disturb a felony sentence only upon a showing of clear and convincing evidence.

State v. Parks, Unpublished Decision (3-31-2003) · filed 2003-03-31(G)(1)

Only upon a showing of clear and convincing evidence may a reviewing court disturb a sentence imposed under Senate Bill 2.

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

State v. Yeager, Unpublished Decision (4-9-2003) · filed 2003-04-09(G)(2)

As such, this Court may not disturb a trial court's sentencing decision unless we find 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).

Under section 2953.08(G), an appellate court will not modify 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. Aliane, Unpublished Decision (4-22-2003) · filed 2003-04-22(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 reviewing court to disturb a felony sentence only upon clear and convincing evidence that the record does not support it or that it is contrary to law.

State v. Rankin, Unpublished Decision (4-24-2003) · filed 2003-04-24(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." State v. Torres, 2003-Ohio-1878 Lake App. No. 2001-L-122.

Section 2953.08(G)(2) permits remand for resentencing when an appellate court clearly and convincingly finds that the trial court’s findings lack record support or the sentence is otherwise contrary to law.

State v. Armstrong · filed 2003-04-30(G)(2)

An appellate court may remand a matter on appeal for resentencing if it clearly and convincingly finds that the court’s findings are unsupported by the record or that the sentence imposed by the trial court is otherwise contrary to law. R.C. 2953.08(G)(2).

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. Crayton, Unpublished Decision (5-8-2003) · filed 2003-05-08(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) allows a reviewing court to change or vacate a sentence upon clear and convincing evidence that the record does not support it or that it is contrary to law.

State v. Harris, Unpublished Decision (5-21-2003) · filed 2003-05-21(G)(2)

A reviewing court may increase, reduce, modify or vacate a sentence if it finds, by clear and convincing evidence, that the record does not support the sentence or that the sentence is contrary to law. See R.C. 2953(G)(2)(a),(b).

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

State v. Bennett, Unpublished Decision (6-2-2003) · filed 2003-06-02(G)

Pursuant to R.C. 2953.08 (G), 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 otherwise contrary to law.

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

State v. Newman, Unpublished Decision (6-6-2003) · filed 2003-06-06(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) 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. Collymore, Unpublished Decision (6-26-2003) · filed 2003-06-26(G)

We will reverse the trial court's imposition of sentences if we find by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C. 2953.08 (G).

Section 2953.08(G)(1) allows an appellate court to overturn a felony sentence when it clearly and convincingly finds that the record does not support it, the trial court failed to follow statutory procedures, or the sentence is contrary to law.

State v. Steward, Unpublished Decision (7-29-2003) · filed 2003-07-29(G)(1)

When an appellate court reviews a trial court's sentencing decision, the reviewing court will not overturn the trial court's 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 sentence without following the appropriate statutory procedures; or (3) the sentence imposed was contrary to law.

Section 2953.08(G)(1) permits an appellate court to change or vacate 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. Beardsley, Unpublished Decision (8-4-2003) · filed 2003-08-04(G)(1)

If we find, by clear and convincing evidence, that the record does not support the sentence or that the sentence is contrary to law, we may increase, reduce, modify or vacate the sentence. R.C. 2953.08 (G)(1). ... We commend Appellant's actions to turn his life around but find that the record supports the trial court's findings and the sentence it imposed.

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence or remand for resentencing if it finds clearly and convincingly that the sentence is contrary to law or the record.

State v. McCowan, Unpublished Decision (4-9-2003) · filed 2003-04-09(G)(2)

Pursuant to R.C. 2953.08 (G)(2), when an appellate court reviews a trial court sentence, the appellate court may modify the sentence or remand for resentencing if the appellate court finds that the trial court clearly and convincingly acted contrary to law or the record.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence upon clear and convincing evidence that the sentence is contrary to law.

State v. Reynolds, Unpublished Decision (4-25-2003) · filed 2003-04-25(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. ... The court's analysis illustrates that it fulfilled its obligation to consider appropriate sentencing guidelines, the record supports the court's determination, and the sentence is not 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 sentence or that the sentence is contrary to law.

State v. Hughes, Unpublished Decision (5-8-2003) · filed 2003-05-08(G)(2)

In accordance with R.C. 2953.08 (G), 12 an appellate court may modify or vacate a sentence imposed under Senate Bill 2 only if 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 leave a felony sentence in place when it finds insufficient grounds to modify or vacate it.

State v. Andrukat, Unpublished Decision (5-19-2003) · filed 2003-05-19(G)(2)

Thus, although a prison sentence in the case sub judice was not mandated per R.C. 2929.13 (B)(2)(a), pursuant to the rationale of Baird, supra, we find insufficient grounds to reduce or modify the sentence, or to vacate and remand for resentencing. See R.C. 2953.08 (G)(2).

Section 2953.08(G)(2)(b) permits an appellate court to remand for resentencing if it clearly and convincingly finds that the trial court acted contrary to law.

State v. Charlton, Unpublished Decision (5-21-2003) · filed 2003-05-21(G)(2)(b)

"An appellate court may remand a matter to the trial court for resentencing if it finds that the trial court clearly and convincingly acted contrary to law." State v. Sackett, 9th Dist. No. 20919, 2002-Ohio-4865 citing R.C. 2953.08 (G)(2)(b). ... Based upon the lengthy evidence presented during the trial, we cannot say that the trial court clearly and convincingly acted contrary to the law by finding that the maximum basic prison term was demeaning to the seriousness of this offense.

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

State v. Ohio, Unpublished Decision (5-29-2003) · filed 2003-05-29(G)

Further, 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 that 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 a sentence or remand for resentencing if it finds by clear and convincing evidence that the trial court acted contrary to law or the record.

State v. Saxton, Unpublished Decision (6-18-2003) · filed 2003-06-18(G)(2)

Pursuant to R.C. 2953.08 (G)(2), when an appellate court reviews a trial court sentence, the appellate court may modify the sentence or remand for resentencing if the appellate court finds that the trial court clearly and convincingly acted contrary to law or the record.

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

State v. Nageotte, Unpublished Decision (6-18-2003) · filed 2003-06-18(G)(2)

An appellate court may only reverse a trial court's decision regarding sentencing if it clearly and convincingly finds that the record does not support the trial court's findings or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2). ... However, we find, pursuant to R.C. 2953.08 (G)(2), that the record does support the trial court's imposition of a greater sentence than the statutory minimum.

Section 2953.08(G)(2) permits reversal of a felony sentence only upon clear and convincing evidence that the sentence is unsupported by the record or contrary to law.

State v. Viers, Unpublished Decision (6-26-2003) · filed 2003-06-26(G)(2)

As correctly noted by appellant, we may not reverse a sentence unless we find 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(G)(1) permits an appellate court to vacate a felony sentence for resentencing when clear and convincing evidence shows that the sentence is contrary to law.

State v. Fisher, Unpublished Decision (6-30-2003) · filed 2003-06-30(G)(1)(d)

R.C. 2953.08 (G)(1) allows an appellate court reviewing a felony sentence to increase, reduce, modify, or vacate for re-sentencing if it finds clear and convincing evidence that, inter alia, the record does not support the sentence or the sentence was otherwise contrary to law.

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

State v. Williams, Unpublished Decision (7-24-2003) · filed 2003-07-24(G)

An appellate court may disturb a consecutive 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)(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. Tittle, Unpublished Decision (7-28-2003) · filed 2003-07-28(G)(2)

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

Section 2953.08(G)(2)(b) requires clear and convincing evidence that a sentence lacks record support or is contrary to law before an appellate court may reverse it.

State v. Young, Unpublished Decision (6-24-2003) · filed 2003-06-24(G)(2)(b)

We may not reverse a trial court's sentence unless we find by clear and convincing evidence that the record does not support the sentence or that it is contrary to law.

Section 2953.08(G)(2) allows an appellate court to modify a felony sentence or remand for resentencing if it clearly and convincingly finds that the trial court acted contrary to law or the record.

State v. Keaton, Unpublished Decision (6-25-2003) · filed 2003-06-25(G)(2)

Pursuant to R.C. 2953.08 (G)(2), when an appellate court reviews a trial court sentence, the appellate court may modify the sentence or remand for resentencing if the appellate court finds that the trial court clearly and convincingly acted contrary to law or the record.

Section 2953.08(G) directs appellate courts to review whether a felony sentence is supported by the record and to reverse only if it is unsupported by clear and convincing evidence or contrary to law.

State v. Butler, Unpublished Decision (6-26-2003) · filed 2003-06-26(G)

Under R.C. 2953.08 (G) this Court reviews a sentence to determine whether it is supported by the record. We will reverse a sentence only if it is unsupported by clear and convincing evidence or it is otherwise contrary to law.

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

State v. Monroe, Unpublished Decision (6-27-2003) · filed 2003-06-27(G)(1)(a)-(d)

We may modify the trial court's 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. See R.C. 2953.08 (G)(1)(a)-(d); State v. Dunwoody (Aug. 5, 1998), Meigs App. No. 97CA11, unreported.

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

State v. Peck, Unpublished Decision (7-18-2003) · filed 2003-07-18(G)(2)

As a preliminary point, we note that we no longer review sentences for abuse of discretion. See R.C. 2953.08 (G)(2). Instead, we may only take action regarding a sentence if we clearly and convincingly find that the record does not support the sentencing court's findings under R.C. 2929.13 (B) or (D), R.C. 2929.14 (E)(4), or R.C. 2929.20 (H). We may also take action if we clearly and convincingly find that the sentence is otherwise contrary to law.

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

State v. Scott, Unpublished Decision (7-31-2003) · filed 2003-07-31(G)(2)

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

State v. Cossin, Unpublished Decision (8-5-2003) · filed 2003-08-05(G)(2)(a) and (b)

Accordingly, we may reverse a sentence if we find, by clear and convincing evidence, that the sentence is unsupported by the record or it is contrary to law. R.C. 2953.08 (G)(2)(a) and (b).

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

State v. Baughman, Unpublished Decision (8-13-2003) · filed 2003-08-13(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 sentence is otherwise contrary to law.

Section 2953.08(G) permits an appellate court to leave a felony sentence undisturbed when it cannot clearly and convincingly find that the record fails to support the sentencing findings or that the sentence is contrary to law.

State v. Bradley, Unpublished Decision (8-13-2003) · filed 2003-08-13(G)

Under the circumstances, we cannot clearly and convincingly find that the record does not support the findings or that the sentence was otherwise contrary to law. Therefore, we will not disturb it. See R.C. 2953.08 (G); State v. Davenport (July 30, 1999), 1st Dist. No. C-980516; State v. Napier (Aug. 28, 1998), 1st Dist. No. C-970383.

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

State v. Cates, Unpublished Decision (8-15-2003) · filed 2003-08-15(G)(2)

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

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

State v. Campbell, Unpublished Decision (8-25-2003) · filed 2003-08-25(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. Subsection (G)(2) states as follows: {¶ 7} "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: {¶ 8} "(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; {¶ 9} "(b) That the sentence is otherwise contrary to law."

Section 2953.08(G) permits an appellate court to modify a felony sentence only 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. Lucas, Unpublished Decision (9-2-2003) · filed 2003-09-02(G)

An appellate court may modify a trial court's sentence only if it clearly and convincingly finds either (1) that the record does not support the sentencing court's findings or (2) that the sentence is contrary to the 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 required findings or that the sentence is otherwise contrary to law.

State v. Dobbins, Unpublished Decision (9-2-2003) · filed 2003-09-02(G)(2)

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

Section 2953.08(G) permits an appellate court to affirm 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. Loch, Unpublished Decision (9-4-2003) · filed 2003-09-04(G)

Since we cannot find by clear and convincing evidence that the record failed to support the trial court's findings, this court affirms appellant's sentence, and appellant's sixth assignment of error is overruled. See R.C. 2953.08 (G).

Section 2953.08 requires appellate courts to apply a clear and convincing standard when reviewing felony sentences.

State v. Carnicom, Unpublished Decision (9-5-2003) · filed 2003-09-05

Although a "clear and convincing" standard typically is associated with a litigant's burden of proof rather than a court's standard of review, R.C. § 2953.08 imposes a "clear and convincing" standard of review for appellate courts.

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law; abuse of discretion is not the standard of review.

State v. Buchanan · filed 2003-09-05(G)(2)

{¶ 6} R.C. 2953.08 governs an appeal of a sentence for a felony. Subsection (G)(2) states as follows: {¶ 7} “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: {¶ 8} “(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; {¶ 9} “(b) That the sentence is otherwise contrary to law.”

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

State v. Bailey, Unpublished Decision (9-9-2003) · filed 2003-09-09(G)

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

Section 2953.08(G) applies a clear and convincing evidence standard to appellate review of maximum and consecutive felony sentences.

State v. Kitchen, Unpublished Decision (9-22-2003) · filed 2003-09-22(G)

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

Section 2953.08(G)(2) requires a reviewing court to find sentencing error by clear and convincing evidence.

State v. Jones, Unpublished Decision (9-22-2003) · filed 2003-09-22(G)(2)

According to R.C. § 2953.08 (G)(2), a reviewing court must show by clear and convincing evidence that the trial court's sentencing decision is in error.

Section 2953.08(G) does not permit appellate review of a felony sentence solely for abuse of the sentencing court’s discretion.

State v. Alvarez · filed 2003-09-26(G)

Defendant’s contention, therefore, is that the trial court abused the discretion conferred on it, which is not a matter for which R.C. 2953.08(G) permits appellate review.

Section 2953.08(G)(2) permits an appellate court to act on a felony sentence when it clearly and convincingly finds specified error or that the sentence is contrary to law.

State v. Demastry · filed 2003-10-17(G)(2)

Pursuant to present R.C. 2953.08(G)(2): “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 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 does not permit appellate review of a claim that a felony sentence is unduly harsh when the claim identifies no failure to follow required sentencing procedures and rests only on an alleged abuse of discretion.

State v. Ditty, Unpublished Decision (10-24-2003) · filed 2003-10-24

Having identified no failure on the trial court's part with respect to the procedures the court was required to follow in order to impose the sentence that it chose, Defendant's contention is that the trial court abused the discretion conferred upon it, which is not a matter for which R.C. 2953.08 permits appellate review.

Section 2953.08(G) allows an appellate court to substitute its judgment on a felony sentence upon clear and convincing evidence that the sentence is contrary to law.

State v. Cooper, Unpublished Decision (8-11-2003) · filed 2003-08-11(G)

In reviewing a felony sentence, an appellate court is to review the propriety of the trial court's sentencing decisions and substitutes its judgment only upon finding clear and convincing evidence that, among other things, the sentence is otherwise contrary to law. State v. Martin (1999), 136 Ohio App.3d 355 , 361 , 1999-Ohio-814 , construing R.C. 2953.08 (G).

Section 2953.08(G)(1) and (2) authorizes an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the sentencing findings lack record support or the sentence is contrary to law.

State v. Lemaster, Unpublished Decision (8-18-2003) · filed 2003-08-18(G)(1) and (2)

Specific to the case at bar, if upon review an appellate court clearly and convincingly finds that the record does not support the sentencing court's findings under R.C. 2929.13 (B) or that the sentence is otherwise contrary to law, R.C. 2953.08 (G)(1) and (2) authorizes an appellate court to increase, reduce, or otherwise modify, or vacate the sentence and remand the matter to the trial court for re-sentencing.

Section 2953.08(G)(2)(b) permits an appellate court to remand for resentencing if it clearly and convincingly finds that the trial court acted contrary to law.

State v. Gopp · filed 2003-09-17(G)(2)(b)

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

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 that the sentence is otherwise contrary to law.

State v. McClure, Unpublished Decision (9-29-2003) · filed 2003-09-29(G)(2)

In reviewing a felony sentence, an "appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing" if it finds by clear and convincing evidence (1) 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; [or] (2)That the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G)(2) uses a clear-and-convincing standard when an appellate court reviews whether a sentencing finding is supported by the record.

State v. Coston, Unpublished Decision (8-6-2003) · filed 2003-08-06(G)(2)

Based upon Coston's response to the trial court, we cannot "clearly and convincingly" conclude that its finding, on the felony-sentencing checklist, that Coston lacked genuine remorse was not supported by the record. See R.C. 2953.08 (G)(2); see, also, State v. Ryan , 1st Dist. No. C-020283, 2003-Ohio-1188.

Section 2953.08(G)(2) provides that abuse of discretion is not the standard for reviewing a felony sentence.

State v. Buechner, Unpublished Decision (11-5-2003) · filed 2003-11-05(G)(2)

The appellate court's standard for review is not whether the sentencing court abused its discretion.

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

State v. Lilley, Unpublished Decision (11-24-2003) · filed 2003-11-24(G)

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

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

State v. Adams, Unpublished Decision (12-23-2003) · filed 2003-12-23(G)(2)

Upon review, we do not find clearly and convincingly that the imposition of a maximum sentence upon appellant was not supported by the record nor do we find that said sentence was contrary to law. See R.C. 2953.08 (G)(2), supra.

Section 2953.08(G)(2) requires clear and convincing evidence for an appellate court to modify or vacate a felony sentence.

State v. Spees, Unpublished Decision (12-29-2003) · filed 2003-12-29(G)(2)

Thus, pursuant to R.C. 2953.08 (G)(2), our standard of review on this issue is clear and convincing evidence.

Section 2953.08(G)(2) does not permit appellate courts to review felony sentences for abuse of discretion.

State v. Lofton, Unpublished Decision (1-16-2004) · filed 2004-01-16(G)(2)

That does not include abuse of discretion claims, however, because R.C. 2953.08 (G)(2) expressly deprives appellate courts of an abuse of discretion standard of review.

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

State v. Clark, Unpublished Decision (1-29-2004) · filed 2004-01-29(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).