Ohio Rev. Code Ann. § 2953.08
Appeal of felony sentence: the cases that interpreted this section
The Ohio Supreme Court later held that § 2953.08(G) no longer applies insofar as it refers to sentencing provisions severed in State v. Foster.
7,098 citing cases reviewed of 10,680 in the citation index: 6,121 interpreted the section (annotated below), 977 cited it only in passing. Cases filed after 2026-06-29 may not have been reviewed yet.
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Standard of appellate review
Section 2953.08(G)(2)(b) 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State v. Lyons, Unpublished Decision (10-29-2003) · filed 2003-10-29(G)(2)(b)
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)(b).Read the full opinion on CourtListener →
Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence that is contrary to law.
State v. Williams, Unpublished Decision (11-14-2003) · filed 2003-11-14(G)
An appellate court may modify or vacate a sentence if the sentence is contrary to law. R.C. 2953.08 (G).Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b). State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 provides for de novo review of a felony sentence; a reviewing court will disturb the sentence only upon clear and convincing evidence that the record does not support it or that it is contrary to law.
State v. Barnes, Unpublished Decision (12-5-2003) · filed 2003-12-05
Our review of a felony sentence is de novo. R.C. 2953.08 . A reviewing court will not disturb an appellant'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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) governs appellate review of felony sentences and replaces abuse-of-discretion review with the statute’s clear-and-convincing standard.
State v. Freeman · filed 2003-12-12(G)(2)
A court of appeals no longer applies an abuse-of-discretion standard when reviewing a felony sentence. ... Our standard of review is governed by R.C. 2953.08(G), which provides: ... “The appellate court’s standard for review is not whether the sentencing court abused its discretion.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence only if it clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.
State v. Perry, Unpublished Decision (12-16-2003) · filed 2003-12-16(G)
When reviewing an alleged felony sentence error, the appellate court can modify or vacate the sentence only if it clearly and convincingly finds that the record did not support the sentence or that the sentence is otherwise contrary to law. R.C. 2953.08 (G).Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to disturb a felony sentence only upon clear and convincing evidence that the record does not support the sentencing findings or that the sentence is contrary to law.
State v. Caldwell, Unpublished Decision (12-19-2003) · filed 2003-12-19(G)(2)
Pursuant to R.C. 2953.08 (G)(2), an appellate court reviews a felony sentence de novo. ... An appellate court may not disturb a sentence unless it finds by clear and convincing evidence that "the record does not support the sentencing court's findings," or that "the sentence is otherwise contrary to law."Read the full opinion on CourtListener →
Section 2953.08(G) permits an appellate court to modify a felony sentence only when it clearly and convincingly finds that the record does not support the sentencing findings or that the sentence is contrary to law.
State v. Riedel, Unpublished Decision (12-22-2003) · filed 2003-12-22(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.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08 permits an appellate court to reduce, modify, or vacate a felony sentence when the trial court’s decision is clearly and convincingly unsupported by the record or contrary to law.
State v. Cvijetinovic, Unpublished Decision (12-24-2003) · filed 2003-12-24
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.Read the full opinion on CourtListener →
Section 2953.08(G)(1) permits an appellate court to modify a felony sentence if it clearly and convincingly finds that the sentence is contrary to law.
State v. Vance, Unpublished Decision (1-7-2004) · filed 2004-01-07(G)(1)
Subsection (G)(1) states as follows: The court hearing an appeal of a sentence under division (A) or (B)(1) or (2) of this section may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the trial court for resentencing if the court clearly and convincingly finds any of the following: ... "D. That the sentence is otherwise contrary to law." ... The trial court sentenced appellant within the permissible parameters for each count; therefore, we find the sentence was not excessive or contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(1)(a) directs an appellate court to review the record to determine whether consecutive sentences were properly imposed.
State v. Godbolt, Unpublished Decision (1-26-2004) · filed 2004-01-26(G)(1)(a)
R.C. 2953.08 (G)(l)(a) instructs the appellate court to review the "record" to determine whether consecutive sentences were properly imposed in a given case.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence only if clear and convincing evidence shows that the record does not support it or that it is contrary to law.
State v. Longnecker, Unpublished Decision (11-14-2003) · filed 2003-11-14(G)(2)
Thus, 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.Read the full opinion on CourtListener →
Law changed since State v. Foster (February 27, 2006) severed the judicial factfinding requirements for maximum, nonminimum, and consecutive prison terms; § 2953.08(G) no longer applies insofar as it refers to those severed provisions.
Section 2953.08(G)(2) permits an appellate court to overturn a maximum sentence supported by findings and reasons when the record clearly and convincingly fails to support those findings.
State v. Blalock, Unpublished Decision (12-11-2003) · filed 2003-12-11(G)(2)
When a judge provides findings and reasons in support of a maximum sentence, we will not overturn it unless the record clearly and convincingly fails to support those findings.Read the full opinion on CourtListener →
Section 2953.08 does not provide a right to de novo review of a felony sentence; appellate relief requires a specified sentencing error.
State v. Jackson, Unpublished Decision (1-16-2004) · filed 2004-01-16(F)(2)
R.C. 2953.08 (F)(2) does not create a right of de novo review. The relief an appellate court may grant is predicated on a finding of error of one or both of the two kinds that section identifies.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08 permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support it or that it is contrary to law.
State v. Carter, Unpublished Decision (2-13-2004) · filed 2004-02-13
"`Meaningful review' means that an appellate court hearing an appeal of a felony sentence may modify or vacate the sentence and remand the matter to the trial court for 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." Id., citing R.C. 2953.08 . ... We, therefore, cannot clearly and convincingly find that the record does not support the sentence or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Law changed since State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 provides for de novo appellate review of a felony sentence.
State v. Cook, Unpublished Decision (2-14-2004) · filed 2004-02-14
Pursuant to R.C. 2953.08 , this court reviews a felony sentence de novo.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08 provides for de novo appellate review of a felony sentence.
State v. Davis, Unpublished Decision (2-20-2004) · filed 2004-02-20
Pursuant to R.C. 2953.08 , this court uses a de novo standard of review when reviewing a felony sentence.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08(G) permits an appellate court to disturb a sentence only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.
State v. McCole, Unpublished Decision (2-23-2004) · filed 2004-02-23(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.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
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. Jewell, Unpublished Decision (3-10-2004) · filed 2004-03-10(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. R.C. 2953.08 (G)(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits an appellate court to disturb a felony sentence when clear and convincing evidence shows that the sentence is unsupported by the record, sentencing procedures were not followed, a prison term lacks a sufficient basis, or the sentence is contrary to law.
State v. Bayman, Unpublished Decision (3-15-2004) · filed 2004-03-15(G)
An appellate court will not disturb a sentence imposed by a trial court unless clear and convincing evidence exists that the sentence is unsupported by the record, the procedure of the sentencing statutes was not followed, there was not a sufficient basis for the imposition of a prison term, or that the sentence is contrary to law. See R.C. 2953.08 (G).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or remand a felony sentence when clear and convincing evidence shows that the trial court acted contrary to law.
State v. Johnson, Unpublished Decision (3-17-2004) · filed 2004-03-17(G)(2)
Thus, an appellate court may not modify or remand a sentencing decision imposed by the trial court unless it finds, by clear and convincing evidence, that the trial court acted contrary to the law. R.C. 2953.08 (G)(2); State v. Houston , 9th Dist. No. 21551, 2003-Ohio-6119 , at ¶ 4.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is otherwise contrary to law.
State v. Grimm, Unpublished Decision (3-18-2004) · filed 2004-03-18(G)(2)
Although each party argues that we must review the trial court's decision for an abuse of discretion, appellate courts no longer review felony sentences using an abuse of discretion standard. R.C. 2953.08 (G)(2); see State v. Sheppard (1997), 124 Ohio App.3d 66 , 67-68 . Instead, an appellate court may only vacate, increase, reduce, or otherwise modify a sentence if it clearly and convincingly finds either that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) sets the standard for reviewing a felony sentence and permits an appellate court to vacate and remand when the sentence fails that standard.
State v. Monigold, Unpublished Decision (3-22-2004) · filed 2004-03-22(G)(2)
In reviewing an alleged sentencing error, our standard is not whether the trial court abused its discretion, but rather, whether the record does not clearly and convincingly support the record or that the sentence is contrary to law. R.C. 2953.08 (G)(2). An appellate court has the authority to increase, reduce, or otherwise modify a sentence, or vacate and remand the matter to the sentencing court for resentencing, if it finds either of the above. Id.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only upon clear and convincing evidence that the sentence lacks record support or is contrary to law.
State v. Bostick, Unpublished Decision (4-1-2004) · filed 2004-04-01(G)(2)
Abuse of discretion is not the standard of review with respect to sentencing; instead, an appellate court must find error by clear and convincing evidence. R.C. 2953.08 (G)(2) provides that an appellate court may not increase, reduce, or otherwise modify a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the sentence lacks record support, was imposed without required statutory procedures, or is contrary to law.
State v. Stapleton, Unpublished Decision (4-1-2004) · filed 2004-04-01(G)
When an appellate court reviews a trial court's sentencing decision, a reviewing court may not modify or vacate the sentence unless the court "clearly and convincingly" finds that: (1) the sentence is not supported by the record; (2) the trial court imposed a prison term without following the appropriate statutory procedures; or (3) the sentence imposed was contrary to law. R.C. 2953.08 (G); Griffin Katz, Ohio Felony Sentencing Law (1998 Ed.) 495, Section 9.16.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to modify a sentence imposed under Senate Bill 2 only if clear and convincing evidence shows that the sentence is unsupported by the record or contrary to law.
State v. Johnson, Unpublished Decision (4-1-2004) · filed 2004-04-01(G)(2)
Abuse of discretion is not the standard of review with respect to sentencing; instead, an appellate court must find error by clear and convincing evidence. R.C. 2953.08 (G)(2) provides that an appellate court may not increase, reduce, or otherwise modify a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only 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. Brown, Unpublished Decision (4-9-2004) · filed 2004-04-09(G)(2)
An appellate court reviews a felony sentence under a clear and convincing evidence standard of review. R.C. 2953.08 (G)(2). An appellate court may not disturb a sentence unless the court "clearly and convincingly finds" that "the record does not support the sentencing court's findings," or that "the sentence is otherwise contrary to law." R.C. 2953.08 (G)(2)(a) and (b).Read the full opinion on CourtListener →
Section 2953.08(G) limits appellate review of sentences to its specified grounds and does not permit a sentence to be changed under an abuse of discretion standard.
State v. Finley, Unpublished Decision (2-13-2004) · filed 2004-02-13(G)
R.C. 2953.08 (G) confines our review of sentences to the grounds that section specifies, which Defendant has not invoked, and further states that the power conferred on us by that section to change a sentence the trial court imposed cannot be exercised on an abuse of discretion standard.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to disturb a sentence only if clear and convincing evidence shows that it lacks record support or is contrary to law.
State v. Lydic, Unpublished Decision (2-17-2004) · filed 2004-02-17(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).Read the full opinion on CourtListener →
Section 2953.08(D) bars appellate review of an authorized sentence jointly recommended by the defendant and prosecution and imposed by the sentencing judge.
State v. Birchfield, Unpublished Decision (2-19-2004) · filed 2004-02-19(D)
Consequently, because the appellant and the prosecution agreed and recommended the sentence and because appellant's sentence is authorized by law (1) the trial court could dispense with the various findings and determinations that would have been required in a typical sentencing proceeding, and (2) the sentence is not subject to appellate review.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it finds by clear and convincing evidence that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.
State v. Medsker, Unpublished Decision (2-23-2004) · filed 2004-02-23(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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits an appellate court to disturb a felony sentence upon clear and convincing evidence of a listed sentencing error.
State v. Accord, Unpublished Decision (3-8-2004) · filed 2004-03-08(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to modify a felony sentence when it clearly and convincingly finds that the record does not support the relevant sentencing findings or that the sentence is contrary to law.
State v. Alqam, Unpublished Decision (3-15-2004) · filed 2004-03-15(G)(2)
R.C. 2953.08 governs an appeal of sentence for felony. ... The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... Upon review, we cannot find clear and convincing evidence that the record does not support the six month sentence.Read the full opinion on CourtListener →
Section 2953.08(G)(1) requires a defendant to show by clear and convincing evidence that the trial court erred before an appellate court reverses a sentence.
State v. White, Unpublished Decision (3-18-2004) · filed 2004-03-18(G)(1)
The law is well-settled that we will not reverse a trial court on sentencing issues unless the defendant shows by clear and convincing evidence that the trial court has erred.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a sentence and remand when clear and convincing evidence shows that specified sentencing findings lack record support or that the sentence is contrary to law.
State v. Wise, Unpublished Decision (3-22-2004) · filed 2004-03-22(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.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits a reviewing court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the sentence or that it is contrary to law.
State v. Jones, Unpublished Decision (3-22-2004) · filed 2004-03-22(G)(2)
R.C. 2953.08 (G)(2) provides that a reviewing court may increase, reduce or otherwise modify a felony sentence, or may vacate the sentence and remand the matter to the trial court 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.Read the full opinion on CourtListener →
Section 2953.08(G) permits an appellate court to remand a felony sentence if it clearly and convincingly finds that the trial court's findings lack record support or the sentence is otherwise contrary to law.
State v. Schmidt, Unpublished Decision (3-24-2004) · filed 2004-03-24(G)
An appellate court may remand a case for re-sentencing if it clearly and convincingly finds that the trial court's findings are unsupported by the record or that the sentence imposed by the trial court is otherwise contrary to law.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to reverse a sentence only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.
State v. Parker, Unpublished Decision (3-25-2004) · filed 2004-03-25(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. R.C. 2953.08 (G)(2); see, also, State v. Holsinger (Nov. 20, 1998), Pike App. No. 97CA605.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court's findings or that the sentence is contrary to law.
State v. Mayer, Unpublished Decision (3-29-2004) · filed 2004-03-29(G)(2)
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.Read the full opinion on CourtListener →
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. Kolvek, Unpublished Decision (3-31-2004) · filed 2004-03-31(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence or remand for resentencing when clear and convincing evidence establishes that the sentence is contrary to law.
State v. Reissig, Unpublished Decision (3-31-2004) · filed 2004-03-31(G)(2)
In reviewing such a sentence, the appellate court may increase, reduce or otherwise modify the sentence and remand the matter for resentencing where it is established by clear and convincing evidence that the sentence is contrary to law. R.C. 2953.08 (G)(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits an appellate court to disturb a felony sentence when the trial court fails to follow required sentencing procedures.
State v. Sawyer, Unpublished Decision (4-5-2004) · filed 2004-04-05(G)
Thus, the trial court erred by not following the procedure of the sentencing statutes as required by R.C. 2953.08 (G), and the first assignment of error is sustained.Read the full opinion on CourtListener →
Section 2953.08 permits appellate relief when a court clearly and convincingly finds a felony sentence contrary to law.
State v. Castle, Unpublished Decision (4-08-2004) · filed 2004-04-08(G)(1)
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. ... Consequently, we clearly and convincingly find that Castle's sentence is contrary to law.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(1) requires clear and convincing grounds to overturn a felony sentence: lack of record support, failure to follow statutory procedures, or a sentence contrary to law.
State v. Mayes, Unpublished Decision (4-15-2004) · filed 2004-04-15(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 did not follow the appropriate statutory procedures; or (3) the sentence imposed was contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if clear and convincing evidence shows that specified findings lack record support or the sentence is otherwise contrary to law.
State v. Johnson, Unpublished Decision (4-26-2004) · filed 2004-04-26(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: ... (2)That the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2). ... As the trial court's findings were supported by the record, we are unable to determine by clear and convincing evidence that the trial court's sentence was contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) permits 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.
State v. Torre, Unpublished Decision (4-28-2004) · filed 2004-04-28(G)(2)(b)
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. ... Consequently, we cannot say that the trial court clearly and convincingly acted contrary to the law or to the record when it imposed consecutive sentences.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to substitute its judgment on a felony sentence only upon clear and convincing evidence that the record does not support the sentencing findings or that the sentence is otherwise contrary to law.
State v. Winstead, Unpublished Decision (4-5-2004) · filed 2004-04-05(G)(2)(a), (b)
When reviewing the imposition of a felony sentence, an appellate court must review the propriety of the trial court's decision and may only substitute its judgment for that of the trial court on a showing by clear and convincing evidence that the record does not support the sentencing court's findings or is otherwise contrary to law.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08 permits an appellate court to modify a felony sentence upon a clear and convincing finding that it is unsupported by the record or contrary to law, without substituting its judgment for the trial court's.
State v. Wright, Unpublished Decision (4-08-2004) · filed 2004-04-08(G)(1)(a)-(d)
The appellate court may modify the sentence upon clearly and convincingly finding that the sentence is not supported by the record, 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.Read the full opinion on CourtListener →
Law changed since State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 provides for de novo appellate review of a felony sentence.
State v. Matthews, Unpublished Decision (4-9-2004) · filed 2004-04-09
Pursuant to R.C. 2953.08 , this court reviews a felony sentence de novo.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only if clear and convincing evidence shows that the sentence lacks record support or is contrary to law.
State v. Bostick, Unpublished Decision (4-14-2004) · filed 2004-04-14(G)(2)
Abuse of discretion is not the standard of review with respect to sentencing; instead, an appellate court must find error by clear and convincing evidence. R.C. 2953.08 (G)(2) provides that an appellate court may not increase, reduce, or otherwise modify a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits a reviewing court to modify or vacate a felony sentence only when it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.
State v. Gaynor, Unpublished Decision (4-16-2004) · filed 2004-04-16(G)(2)
If the trial court makes the required findings, a reviewing court may modify or vacate the sentence only if it clearly and convincingly finds that the record does not support the findings or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Law changed since State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 provides for de novo review of a felony sentence.
State v. Edgerton, Unpublished Decision (4-16-2004) · filed 2004-04-16
Pursuant to R.C. 2953.08 , this court uses a de novo standard of review when reviewing a felony sentence.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08(G)(1) 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. Lamb, Unpublished Decision (4-16-2004) · filed 2004-04-16(G)(1)
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)(1).Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) requires clear and convincing evidence that a felony sentence is contrary to law before an appellate court will disturb it.
State v. Short, Unpublished Decision (4-23-2004) · filed 2004-04-23(G)(2)(b)
The sentence will not be disturbed unless there is clear and convincing evidence that the sentence is contrary to law. R.C. 2953.08 (G)(2)(b); State v. Stern (2000), 137 Ohio App.3d 110 , 114 .Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) allows an appellate court to disturb a sentence only when clear and convincing evidence shows that it lacks record support, fails to follow sentencing procedures, lacks a sufficient basis for imprisonment, or is contrary to law.
State v. Baker, Unpublished Decision (4-26-2004) · filed 2004-04-26(G)
An appellate court will not disturb a sentence imposed by a trial court unless clear and convincing evidence exists that the sentence is unsupported by the record, the procedure of the sentencing statutes was not followed, there was not a sufficient basis for the imposition of a prison term, or that the sentence is contrary to law. See R.C. 2953.08 (G).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
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. Farraj, Unpublished Decision (4-29-2004) · filed 2004-04-29(G)
In general, 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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to disturb an imposed sentence only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.
State v. Zapior, Unpublished Decision (5-4-2004) · filed 2004-05-04(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to remand for resentencing when it clearly and convincingly finds that the sentencing findings lack record support or the sentence is otherwise contrary to law.
State v. Stearns, Unpublished Decision (5-5-2004) · filed 2004-05-05(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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only if clear and convincing evidence shows that the sentence is unsupported by the record or contrary to law.
State v. Sanders, Unpublished Decision (5-6-2004) · filed 2004-05-06(G)(2)
Abuse of discretion is not the standard of review with respect to sentencing; instead, an appellate court must find error by clear and convincing evidence. R.C. 2953.08 (G)(2) provides that an appellate court may not increase, reduce, or otherwise modify a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only upon clear and convincing evidence that the record does not support it or that it is contrary to law.
State v. Hutchins, Unpublished Decision (5-13-2004) · filed 2004-05-13(G)(2)
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.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits an appellate court to substitute its judgment on a felony sentence only upon clear and convincing evidence of one of the four specified errors.
State v. Ball, Unpublished Decision (5-14-2004) · filed 2004-05-14(G)
{¶ 56} An appellate court's duty in reviewing a sentencing issue is to (1) "review the propriety of the trial court's sentencing decisions, including whether the findings that support a sentence are themselves supported in the record," and (2) "substitute our judgment for the trial court's only upon clear and convincing evidence of one of the four errors described by R.C. 2953.08 (G)." State v. Martin (1999), 136 Ohio App.3d 355 , 361 .Read the full opinion on CourtListener →
Law changed since Same change as noted above.
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. Jordan, Unpublished Decision (5-28-2004) · filed 2004-05-28(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).Read the full opinion on CourtListener →
Law changed since State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 provides for de novo appellate review of a felony sentence.
State v. Varner, Unpublished Decision (5-28-2004) · filed 2004-05-28
Under R.C. 2953.08 , our review of a felony sentence is de novo.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits appellate relief from a felony sentence when clear and convincing evidence shows that the record does not support the trial court’s findings or that the sentence is contrary to law.
State v. Yancey, Unpublished Decision (5-28-2004) · filed 2004-05-28(G)(2)
Absent maximum or consecutive sentences, and absent any claim that the trial court failed to make required statutory findings, we may grant relief only if we find from clear and convincing evidence that the record does not support the trial court's findings or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b). State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 provides for de novo review of a felony sentence, but a sentence is disturbed only upon clear and convincing evidence that the record does not support it or that it is contrary to law.
State v. Bolling, Unpublished Decision (5-28-2004) · filed 2004-05-28
Under R.C. 2953.08 , our review of a felony sentence is de novo. ... However, this court will not disturb appellant's sentence unless we find, by clear and convincing evidence, that the record does not support the sentence or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08(G)(2) allows an appellate court to disturb a felony sentence if it finds, by clear and convincing evidence, that the record does not support the sentence or that it is contrary to law.
State v. O'neal, Unpublished Decision (6-3-2004) · filed 2004-06-03(G)(2)
A 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. ... We further find no clear and convincing evidence that the trial court's sentence was unsupported by the record or contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to change a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law.
State v. Wright, Unpublished Decision (6-4-2004) · filed 2004-06-04(G)(2)
The manner in which an offender can challenge his sentence is defined by R.C. 2953.08 (G)(2), which states when this court may reverse, vacate, or modify the sentence imposed upon that offender. This statute provides that this court must affirm the sentence imposed unless it can clearly and convincingly find either that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to overturn a felony sentence when clear and convincing evidence shows that the record does not support the sentencing findings or that the sentence is contrary to law.
State v. Jackson, Unpublished Decision (6-4-2004) · filed 2004-06-04(G)(2)
An appellate court will not overturn a sentence unless there is clear and convincing evidence that the record does not support the court's findings or is otherwise contrary to law. R.C. 2953.08 (G)(2)(a) and (b).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) requires clear and convincing evidence that a sentence is unsupported by the record or contrary to law before an appellate court may disturb it.
State v. Dunham, Unpublished Decision (6-10-2004) · filed 2004-06-10(G)(2)
We do not find by clear and convincing evidence that the sentences were unsupported by the record or contrary to law. See R.C. 2953.08 (G)(2)(a), (b) (setting forth this as our standard of review in this case rather than abuse of discretion).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to substitute its judgment on a felony sentence only upon clear and convincing evidence that the record does not support the sentencing court’s findings or the sentence is contrary to law.
State v. Moyar, Unpublished Decision (6-14-2004) · filed 2004-06-14(G)(2)
When reviewing the imposition of a felony sentence, an appellate court must review the propriety of the trial court's decision and may only substitute its judgment for that of the trial court on a showing by clear and convincing evidence that the record does not support the sentencing court's findings or is otherwise contrary to law. State v. Kuhlman, Paulding App. No. 11-01-05, 2001-Ohio-2331; R.C. 2953.08 (G)(2)(a), (b).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits reversal of a felony sentence when clear and convincing evidence shows that the sentence is unsupported by the record or contrary to law.
State v. Plaza, Unpublished Decision (6-17-2004) · filed 2004-06-17(G)
In general, 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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to disturb an imposed sentence only if clear and convincing evidence shows that the sentence is unsupported by the record or contrary to law.
State v. Jackson, Unpublished Decision (6-30-2004) · filed 2004-06-30(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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(1) allows 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. Johns, Unpublished Decision (7-12-2004) · filed 2004-07-12(G)(1)
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.Read the full opinion on CourtListener →
Section 2953.08(G) permits remand of a felony sentence only when the 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. Dunn, Unpublished Decision (5-5-2004) · filed 2004-05-05(G)
This court may remand a case for re-sentencing only if it clearly and convincingly finds that the trial court's findings are not supported by the record or that the sentence imposed is otherwise contrary to law. R.C. 2953.08 (G).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court's findings or that the sentence is contrary to law.
State v. Noble, Unpublished Decision (5-7-2004) · filed 2004-05-07(G)(2)
An appellate court reviews a felony sentence under a clear and convincing evidence standard of review. R.C. 2953.08 (G)(2). An appellate court may not disturb a sentence unless the court "clearly and convincingly finds" that "the record does not support the sentencing court's findings," or that "the sentence is otherwise contrary to law." R.C. 2953.08 (G)(2)(a) and (b).Read the full opinion on CourtListener →
Section 2953.08(G)(2)(b) allows an appellate court to modify a sentence or vacate it and remand for resentencing if clear and convincing evidence shows the sentence is contrary to law.
State v. Haynie · filed 2004-05-17(G)(2)(b)
We may modify a sentence or vacate a sentence and remand the matter to the sentencing court for resentencing if we find by clear and convincing evidence that the sentence is contrary to law. R.C. 2953.08(G)(2)(b).Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires appellate review of a felony sentence under a clear-and-convincing standard and permits relief when the sentence is contrary to law.
State v. Kolat, Unpublished Decision (5-18-2004) · filed 2004-05-18(G)(2)
R.C. 2953.08 (G)(2) provides: ... In this case. the trial court's sentence was clearly and convincingly supported by the record and not contrary to law.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.
Statev. White, Unpublished Decision (5-27-2004) · filed 2004-05-27(G)(2)
Abuse of discretion is not the standard of review with respect to sentencing; instead, an appellate court must find error by clear and convincing evidence. R.C. 2953.08 (G)(2) provides that an appellate court may not increase, reduce, or otherwise modify a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.
State v. Doak, Unpublished Decision (6-1-2004) · filed 2004-06-01(G)(2)
R.C. 2953.08 governs an appeal of sentence for felony. Subsection (G)(2) states as follows: {¶ 8} "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: {¶ 9} "(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; {¶ 10} "(b) That the sentence is otherwise contrary to law."Read the full opinion on CourtListener →
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. Nelson, Unpublished Decision (6-3-2004) · filed 2004-06-03(G)(1)
An appellate court will not reverse a trial court on sentencing issues unless a defendant shows by clear and convincing evidence that the trial court has erred.Read the full opinion on CourtListener →
Section 2953.08 governs appellate modification of a felony sentence based on clear and convincing review of the record.
State v. Medina, Unpublished Decision (6-3-2004) · filed 2004-06-03
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 .Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b). State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 provides for de novo review of felony sentences and permits modification or vacatur when the reviewing court clearly and convincingly finds that the record does not support the sentence or that it is contrary to law.
State v. Thompson, Unpublished Decision (6-4-2004) · filed 2004-06-04
Pursuant to R.C. 2953.08 , our review of a felony sentence is de novo. ... A court reviewing 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."Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is contrary to law.
State v. Coburn, Unpublished Decision (6-8-2004) · filed 2004-06-08(G)(2)
An appellate court may modify a sentence only if it clearly and convincingly finds that the record does not support the sentencing court's findings or that the sentence is contrary to law.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08 permits an appellate court to modify a felony sentence upon a clear and convincing finding that the sentence lacks record support, erroneously includes a prison term, or is contrary to law.
State v. Remy, Unpublished Decision (6-10-2004) · filed 2004-06-10(G)(1)(a)-(d)
The appellate court may modify the sentence upon clearly and convincingly finding that the sentence is not supported by the record, the sentence erroneously includes 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.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only if clear and convincing evidence shows that the sentence is unsupported by the record or contrary to law.
State v. Henderson, Unpublished Decision (6-10-2004) · filed 2004-06-10(G)(2)
R.C. 2953.08 (G)(2) provides that an appellate court may not increase, reduce, or otherwise modify a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to reverse, vacate, or modify a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is otherwise contrary to law.
State v. Gilliam, Unpublished Decision (6-18-2004) · filed 2004-06-18(G)(2)
When reviewing any sentence imposed for a felony, we cannot reverse, vacate, or modify the sentence unless we clearly and convincingly find either that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to remand a felony sentence when it clearly and convincingly finds that the trial court’s findings lack record support or the sentence is contrary to law.
State v. Holt, Unpublished Decision (6-23-2004) · filed 2004-06-23(G)(2)
An appellate court may remand a matter on appeal for re-sentencing 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.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) limits when an appellate court may reduce, modify, or vacate a felony sentence.
State v. McKinnon, Unpublished Decision (6-24-2004) · filed 2004-06-24(G)(2)
In reviewing the record as required by R.C. § 2953.08 (F), an appellate court cannot reduce, modify or vacate a sentence unless it finds that the trial court's decision is clearly and convincingly unsupported by the record or contrary to law. R.C. § 2953.08 (G)(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(1) permits an appellate court to vacate or modify a felony sentence only on clear and convincing evidence that it lacks record support, is contrary to law, or was imposed without proper statutory procedures.
State v. Lewis, Unpublished Decision (6-30-2004) · filed 2004-06-30(G)(1)
Pursuant to R.C. 2953.08 , appellate courts have the authority to review sentencing decisions of trial courts. Appellate courts may only vacate or modify a sentence upon clear and convincing evidence that "the sentence is not supported by the record, is contrary to law or that the trial court failed to follow the proper statutory procedures for imposing such sentence." ... Based on the foregoing, we find clear and convincing evidence to support the sentence imposed by the trial court, the sentence is not contrary to law, and the trial court adhered to appropriate statutory procedures.Read the full opinion on CourtListener →
Section 2953.08(D) makes a sentence jointly recommended by the defendant and prosecution and imposed by the trial judge unreviewable on appeal.
State v. Rojas, Unpublished Decision (7-1-2004) · filed 2004-07-01(D)
Finally, "[a] sentence jointly recommended by the defendant and the prosecution in a criminal case, and imposed by the trial judge, is not reviewable on appeal. R.C. 2953.08 (D)." ... As the sentence was the result of a plea agreement the trial court did not err in overruling appellant's motion.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits an appellate court to disturb a felony sentence when clear and convincing evidence shows a listed sentencing error.
State v. Woodruff, Unpublished Decision (7-6-2004) · filed 2004-07-06(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to modify a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is contrary to law.
State v. Johnson, Unpublished Decision (7-9-2004) · filed 2004-07-09(G)(2)
An appellate court may modify such a sentence only if it clearly and convincingly finds that the record does not support the sentencing court's findings or that the sentence is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires an appellate court to review a felony sentence under a clear and convincing standard, asking whether the trial court acted contrary to law or the record.
State v. Kolvek, Unpublished Decision (7-14-2004) · filed 2004-07-14(G)(2)
Pursuant to R.C. 2953.08 (G)(2), an appellate court reviews a trial court's imposition of sentence under the clear and convincing standard of review, asking if the trial court clearly and convincingly acted contrary to law or the record.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
An appellate court may disturb a felony sentence under § 2953.08(G) only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.
State v. Kling, Unpublished Decision (7-26-2004) · filed 2004-07-26(G)
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.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to change a felony sentence only if clear and convincing evidence shows that it is contrary to law or unsupported by the record.
State v. Murrin, Unpublished Decision (7-29-2004) · filed 2004-07-29(G)(2)
This court cannot reverse, vacate or otherwise remand a sentence unless we find by clear and convincing evidence that the sentence is contrary to law or unsupported by the record; we decline to make that finding in this case.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08 permits reversal of a felony sentence only when the reviewing court finds by clear and convincing evidence that it is contrary to law or unsupported by the record.
State v. Miller, Unpublished Decision (8-5-2004) · filed 2004-08-05
A reviewing court will reverse a sentence only if it finds, by clear and convincing evidence, that the sentence is contrary to law or is not supported by the record. R.C. 2953.08 ; State v. Fannin, Cuyahoga App. No. 80014, 2002-Ohio-4180 at ¶ 154.Read the full opinion on CourtListener →
Law changed since State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 calls for de novo review of a felony sentence.
State v. Webb, Unpublished Decision (8-6-2004) · filed 2004-08-06
Pursuant to R.C. 2953.08 , this court uses a de novo standard of review when reviewing a felony sentence.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only if clear and convincing evidence shows that the sentence is unsupported by the record or contrary to law.
State v. Harrold, Unpublished Decision (8-25-2004) · filed 2004-08-25(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.Read the full opinion on CourtListener →
Section 2953.08(G)(1) requires a defendant to show by clear and convincing evidence that the trial court erred before an appellate court reverses a sentencing decision.
State v. Blade, Unpublished Decision (8-26-2004) · filed 2004-08-26(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. State v. Douse, Cuyahoga App. No. 82008, 2003-Ohio-5238 , citing R.C. 2953.08 (G)(1).Read the full opinion on CourtListener →
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. Banks, Unpublished Decision (8-26-2004) · filed 2004-08-26(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. State v. Douse, Cuyahoga App. No. 82008, 2003-Ohio-5238 , citing R.C. 2953.08 (G)(1).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits reversal of a sentence only upon clear and convincing evidence that it is unsupported by the record or contrary to law.
State v. Scheer · filed 2004-09-01(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. R.C. 2953.08(G)(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
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. Mustafa, Unpublished Decision (9-10-2004) · filed 2004-09-10(G)(2)
It should be noted that 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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only when it clearly and convincingly finds that the record does not support the sentence or that the sentence is contrary to law.
State v. Hensley, Unpublished Decision (9-15-2004) · filed 2004-09-15(G)(1)
We begin by noting that R.C. 2953.08 (G)(1) provides that this Court will only disturb the trial court's sentencing if we find clearly and convincingly that the record does not support the sentence or that the sentence is contrary to law.Read the full opinion on CourtListener →
Law changed since State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 calls for de novo review of a felony sentence.
State v. Bazil, Unpublished Decision (9-17-2004) · filed 2004-09-17
Pursuant to R.C. 2953.08 , this court uses a de novo standard of review when reviewing a felony sentence.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
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. Sandoval, Unpublished Decision (9-17-2004) · filed 2004-09-17(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).Read the full opinion on CourtListener →
Section 2953.08(G)(1) requires clear and convincing evidence of trial court error before an appellate court reverses a felony sentence.
State v. Edwardson, Unpublished Decision (9-23-2004) · filed 2004-09-23(G)(1)
The law is well settled that we will not reverse a trial court on sentencing issues unless this court finds by clear and convincing evidence that the trial court has erred. R.C. 2953.08 (G)(1).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to overturn 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. Reynolds, Unpublished Decision (9-29-2004) · filed 2004-09-29(G)(2)
Appellate review of felony sentencing is limited to whether "the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law." State v. Comer, 99 Ohio St.3d 463 , 2003-Ohio-4165 , at ¶ 10 ; R.C. 2953.08 (G)(2). Thus, we will not overturn the sentence without clear and convincing evidence that the sentence was improper.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits reversal of a felony sentence only when the reviewing court finds by clear and convincing evidence that the sentence is unsupported by the record or contrary to law.
State v. Fortson, Unpublished Decision (9-30-2004) · filed 2004-09-30(G)
In general, 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).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is otherwise contrary to law.
State v. Jackson, Unpublished Decision (9-30-2004) · filed 2004-09-30(G)(2)
An appellate court reviews a felony sentence under a clear and convincing evidence standard of review. R.C. 2953.08 (G)(2). An appellate court may not disturb a sentence unless the court "clearly and convincingly finds" that "the record does not support the sentencing court's findings," or that "the sentence is otherwise contrary to law." R.C. 2953.08 (G)(2)(a) and (b).Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires appellate review of the sufficiency of evidence supporting felony sentencing findings, rather than reweighing that evidence.
State v. Moore, Unpublished Decision (9-30-2004) · filed 2004-09-30(G)(2)
Under R.C. 2953.08 (G), we are not authorized to weigh the evidence to determine whether the record supports the trial court's findings under R.C. 2929.14 (B). This Court can overturn the trial court's findings if such findings are "contrary to law." R.C. 2953.08 (G)(2)(b). This standard requires an examination of the sufficiency, rather than the weight, of the evidence.Read the full opinion on CourtListener →
Law changed since State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 provides for de novo appellate review of a felony sentence.
State v. Shepherd, Unpublished Decision (9-30-2004) · filed 2004-09-30
Pursuant to R.C. 2953.08 , this court reviews a felony sentence de novo.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only when clear and convincing evidence shows it is unsupported by the record or contrary to law.
State v. Ramsey, Unpublished Decision (10-22-2004) · filed 2004-10-22(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).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court’s findings or that the sentence is contrary to law.
State v. Lehman, Unpublished Decision (8-2-2004) · filed 2004-08-02(G)(2)
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. R.C. 2953.08 (G)(2); see, also, Martin, 136 Ohio App.3d at 361 .Read the full opinion on CourtListener →
Section 2953.08(G) permits an appellate court to modify a felony sentence only if it clearly and convincingly finds that the record does not support the sentencing court's findings or that the sentence is contrary to law.
State v. Himes, Unpublished Decision (8-2-2004) · filed 2004-08-02(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. R.C. 2953.08 (G); see, also, Martin, 136 Ohio App.3d at 361 .Read the full opinion on CourtListener →
Section 2953.08(D) bars review of an assignment of error concerning a sentence agreed to by the defendant and prosecutor and imposed by the trial court.
State v. Yeager, Unpublished Decision (8-18-2004) · filed 2004-08-18(D)
As our Opinion made clear, Appellant's assignment of error was not subject to review, pursuant to R.C. § 2953.08 (D), because the record affirmatively reflects that Appellant and the prosecutor agreed to the sentence that was imposed by the trial court.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits reversal of a felony sentence only upon clear and convincing evidence that the sentence lacks record support or is contrary to law.
State v. Mustard, Unpublished Decision (9-14-2004) · filed 2004-09-14(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. R.C. 2953.08 (G)(2); see, also, State v. Holsinger (Nov. 20, 1998), Pike App. No. 97CA605.Read the full opinion on CourtListener →
Section 2953.08(G) requires statutory sentencing findings to be clearly and convincingly supported by the record.
State v. Washatka, Unpublished Decision (10-7-2004) · filed 2004-10-07(G)
However, the statutory findings the court is required to make must be clearly and convincingly supported by the record. R.C. 2953.08 (G).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence and applies a clear-and-convincing standard when reviewing whether the sentence is contrary to law.
State v. Ambrosio, Unpublished Decision (10-20-2004) · filed 2004-10-20(G)(2)
When reviewing a sentence on appeal, an appellate court "may increase, reduce, or otherwise modify a sentence" or it may vacate the sentence and remand the matter for resentencing. R.C. 2953.08 (G)(2). ... Having complied with the statutory requirements of R.C. 2929.14 (B), this Court finds that Appellant has failed to demonstrate by clear and convincing evidence that the trial court acted contrary to law in imposing sentences that included more than the minimum prison terms.Read the full opinion on CourtListener →
Section 2953.08(D) bars appellate review of a sentence within a jointly agreed range when the sentence is authorized by law and imposed by the sentencing judge.
State v. Carson, Unpublished Decision (10-22-2004) · filed 2004-10-22(D)
By agreeing to a sentence within a specific range, the parties agreed to the imposition of any sentence that falls within that range. The trial court's sentence in this case, a total of twenty-four years, unquestionably falls within the ten to twenty-five year agreed upon range. Moreover, the sentence the court imposed is clearly authorized by law, inasmuch as Defendant faced a total maximum sentence on all counts and specifications of fiftynine years. Because all three conditions set out in R.C. 2953.08 (D) are satisfied in this case, Defendant has waived his right to appeal his sentence. See: State v. Chaney (August 8, 2002), Cuyahoga App. No. 80496, 2002-Ohio-4020.Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds the sentence contrary to law.
State v. Id-Din, Unpublished Decision (10-27-2004) · filed 2004-10-27(G)(2)
When reviewing a sentence on appeal, an appellate court "may increase, reduce, or otherwise modify a sentence" or it may vacate the sentence and remand the matter for resentencing. ... Having complied with the statutory requirements of R.C. 2929.14 (B), this Court finds that Appellant has failed to demonstrate by clear and convincing evidence that the trial court acted contrary to law when it imposed a sentence that exceeded the minimum prison term.Read the full opinion on CourtListener →
Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.
State v. Crowley, Unpublished Decision (10-28-2004) · filed 2004-10-28(G)(2)
R.C. 2953.08 governs an appeal of sentence for felony. Subsection (G)(2) states as follows: {¶ 21} "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: {¶ 22} "(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; {¶ 23} "(b) That the sentence is otherwise contrary to law."Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence, including a financial sanction, only if it clearly and convincingly finds that the sentencing court's findings lack record support or that the sentence is contrary to law.
State v. Sanders, Unpublished Decision (11-5-2004) · filed 2004-11-05(G)(2)
An appellate court may not modify a felony sentence, including financial sanctions, unless the court "clearly and convincingly finds" that "the record does not support the sentencing court's findings," or that "the sentence is otherwise contrary to law."Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires clear and convincing evidence that the judge failed to consider required sentencing factors before an appellate court may vacate the sentence on that ground.
State v. Glass, Unpublished Decision (8-26-2004) · filed 2004-08-26(G)(2)
A judge is not required to expressly consider, on the record, each of the factors listed in R.C. 2929.12 , and we will not vacate a sentence unless the record clearly and convincingly shows a failure to consider those factors.Read the full opinion on CourtListener →
Law changed since State v. Foster (February 27, 2006) severed the judicial factfinding requirements for maximum, nonminimum, and consecutive prison terms; § 2953.08(G) no longer applies insofar as it refers to those severed provisions.
Section 2953.08(G)(2)(b) allows a reviewing court to vacate a maximum sentence when the sentencing judge's findings have so little record support that they are contrary to law.
State v. Quinones, Unpublished Decision (8-26-2004) · filed 2004-08-26(G)(2)(b)
When the judge complies with these requirements, Ohio statutes do not allow reviewing courts to vacate a sentence unless we find that the judge's findings have so little support in the record that they can be characterized as "contrary to law."Read the full opinion on CourtListener →
Section 2953.08(G)(2) 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. Watkins, Unpublished Decision (9-13-2004) · filed 2004-09-13(G)(2)
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. R.C. 2953.08 (G)(2); see, also, Martin, 136 Ohio App.3d at 361 .Read the full opinion on CourtListener →
Section 2953.08(G) does not authorize an appellate court to reweigh evidence supporting findings for a prison term above the minimum.
State v. Glass, Unpublished Decision (9-16-2004) · filed 2004-09-16(G)(2)
We note that, under R.C. 2953.08 (G), an appellate court is not authorized to weigh the evidence to determine whether the record supports a judge's findings under R.C. 2929.14 (B).Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
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. Hunt, Unpublished Decision (10-15-2004) · filed 2004-10-15(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. R.C. 2953.08 (G) (2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2)(b) allows an appellate court to disturb a sentence when clear and convincing evidence shows that the record does not support it or that it is contrary to law.
State v. Maxwell, Unpublished Decision (10-26-2004) · filed 2004-10-26(G)(2)(b)
An appellate court will not disturb a trial court's sentencing decision unless there is clear and convincing evidence that either the record does not support the sentence or that the sentence is contrary to law. State v. Comer, 99 Ohio St.3d 463 , 2003-Ohio-4165 , ¶ 10 , citing R.C. 2953.08 (G)(2)(b).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits reversal of a felony sentence only when clear and convincing evidence shows that it lacks record support or is contrary to law.
State v. Knott, Unpublished Decision (10-26-2004) · filed 2004-10-26(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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) requires appellate courts to review felony sentences under a clear-and-convincing-evidence standard.
State v. Taylor · filed 2004-11-05(G)(2)
An appellate court reviews a felony sentence under a clear-and-convincing-evidence standard of review. R.C. 2953.08(G)(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits reversal of a felony sentence only upon clear and convincing evidence that the record does not support the sentence or that it is contrary to law.
State v. Noland, Unpublished Decision (11-5-2004) · filed 2004-11-05(G)(2)
We may reverse a sentence only when we find by clear and convincing evidence that the record does not support the sentence or it is contrary to law. R.C. 2953.08 (G)(2). ... Therefore, we cannot find by clear and convincing evidence that the sentence is contrary to law.Read the full opinion on CourtListener →
Section 2953.08(G)(1) requires a defendant to show sentencing error by clear and convincing evidence before an appellate court will reverse.
State v. Worthen, Unpublished Decision (11-10-2004) · filed 2004-11-10(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. State v. Douse, Cuyahoga App. No. 82008, 2003-Ohio-5238 , citing R.C. 2953.08 (G)(1).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) allows 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. Culp, Unpublished Decision (11-12-2004) · filed 2004-11-12(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).Read the full opinion on CourtListener →
Law changed since State v. Foster (February 27, 2006) severed the judicial factfinding requirements for maximum, nonminimum, and consecutive prison terms; § 2953.08(G) no longer applies insofar as it refers to those severed provisions.
Section 2953.08 permits an appellate court to review and modify a maximum sentence when the sentencing findings lack record support or the sentence is contrary to law, using a clear-and-convincing-evidence standard.
State v. Burley, Unpublished Decision (11-15-2004) · filed 2004-11-15
R.C. 2953.08 permits this court to review and modify a maximum sentence if the record does not support the sentencing court's findings, or if the sentence is contrary to law. Our standard of review is clear and convincing evidence.Read the full opinion on CourtListener →
Section 2953.08(G)(2) 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. Delong, Unpublished Decision (11-15-2004) · filed 2004-11-15(G)(2)
A reviewing 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.Read the full opinion on CourtListener →
Section 2953.08(G) governs appellate review of a felony sentence under a clear-and-convincing standard.
State v. Taylor, Unpublished Decision (11-16-2004) · filed 2004-11-16(G)
Because the trial court complied with the appropriate sentencing statutes by making findings and giving its reasons for those findings, we cannot clearly and convincingly find that appellant's maximum sentence was contrary to law or unsupported by the record. State v. Unrue, Summit App. No. 21105, 2002-Ohio-7002, at ¶ 46. Accordingly, this court will not disturb appellant's sentence. R.C. 2953.08 (G).Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b).
Section 2953.08(G)(1) permits an appellate court to disturb a felony sentence only on clear and convincing evidence that it lacks record support or is contrary to law.
State v. Hughett, Unpublished Decision (11-18-2004) · filed 2004-11-18(G)(1)
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) (1); State v. Garcia (1998), 126 Ohio App. 3d 485 , 487 .Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits a reviewing court to disturb a felony sentence only if it finds by clear and convincing evidence that the record does not support the sentence or that the sentence is contrary to law.
State v. Aylward · filed 2004-11-22(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.”Read the full opinion on CourtListener →
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. Kennedy, Unpublished Decision (12-2-2004) · filed 2004-12-02(G)(1)
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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
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 lacks record support or is contrary to law.
State v. Cummings, Unpublished Decision (12-8-2004) · filed 2004-12-08(G)(2)
This Court may not disturb a trial court's sentencing decision unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. State v. Neptune (Nov. 14, 2001), 9th Dist. No. 3171-M; R.C. 2953.08 (G)(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits reversal of a felony sentence when clear and convincing evidence shows that the sentence is unsupported by the record or contrary to law.
State v. Adams, Unpublished Decision (12-9-2004) · filed 2004-12-09(G)
In general, 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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
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. Hofmann, Unpublished Decision (12-10-2004) · filed 2004-12-10(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). ... We, therefore, conclude that Hofmann has not established by clear and convincing evidence that his sentence would impose an unnecessary burden on state or local government.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08 governs appellate review of felony sentences; a reviewing court will disturb a sentence only upon clear and convincing evidence that the record does not support it or that it is contrary to law.
State v. Stambolia, Unpublished Decision (12-17-2004) · filed 2004-12-17
Our review of a felony sentence is de novo. R.C. 2953.08 . We will not disturb an appellant'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.Read the full opinion on CourtListener →
Section 2953.08(G)(2) governs appellate review of felony sentences: the court applies a clear-and-convincing standard, not an abuse-of-discretion standard.
State v. Morris, Unpublished Decision (12-21-2004) · filed 2004-12-21(G)(2)
In reviewing sentencing issues, we do not apply an abuse of discretion standard of review. Instead, R.C. 2953.08 (G)(2) provides: {¶ 15} "* * * 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: {¶ 16} "(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: {¶ 17} "(b) That the sentence is otherwise contrary to law."Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to modify or remand a felony sentence only if clear and convincing evidence shows that the trial court acted contrary to law.
State v. Geiger, Unpublished Decision (12-22-2004) · filed 2004-12-22(G)(2)
Thus, an appellate court may not modify or remand a sentencing decision imposed by the trial court unless it finds by clear and convincing evidence that the trial court acted contrary to the law.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G)(2) permits an appellate court to modify a felony sentence only upon clear and convincing evidence that the sentence is unsupported by the record or contrary to law.
State v. Alvarado, Unpublished Decision (12-23-2004) · filed 2004-12-23(G)(2)
R.C. 2953.08 (G)(2) provides that an appellate court may not increase, reduce, or otherwise modify a sentence imposed under Senate Bill 2 unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
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. Lathan, Unpublished Decision (12-23-2004) · filed 2004-12-23(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).Read the full opinion on CourtListener →
Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only if clear and convincing evidence shows that it is unsupported by the record or contrary to law.
State v. Donahue, Unpublished Decision (12-30-2004) · filed 2004-12-30(G)(2)
When a sentence is appealed, an appellate court may not disturb it unless the court 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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) requires clear and convincing evidence that a sentence is unsupported by the record or contrary to law before a reviewing court may reverse it.
State v. Roberts, Unpublished Decision (1-6-2005) · filed 2005-01-06(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).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 2953.08(G) permits reversal of a felony sentence when the reviewing court finds by clear and convincing evidence that the sentence is unsupported by the record or contrary to law.
State v. Duffield, Unpublished Decision (1-13-2005) · filed 2005-01-13(G)
In general, a reviewing court will not reverse a sentence unless the court finds, by clear and convincing evidence, that the sentence is unsupported by the record or is contrary to law.Read the full opinion on CourtListener →
Law changed since Sub. H.B. 331 (effective October 10, 2000) replaced the former § 2953.08(G)(1) ground that the record did not support the sentence with § 2953.08(G)(2)(a) review of support for specified sentencing findings; contrary-to-law review continued under (G)(2)(b). State v. Marcum (Mar. 15, 2016) held that § 2953.08(G)(2)'s clear-and-convincing grounds govern felony sentencing-term appeals, without independent de novo or abuse-of-discretion review.
Section 2953.08 provides for de novo review of a felony sentence, but the sentence will be disturbed only upon clear and convincing evidence that the record does not support it or that it is contrary to law.
State v. Jaryga, Unpublished Decision (1-28-2005) · filed 2005-01-28
Pursuant to R.C. 2953.08 , this court uses a de novo standard of review when reviewing a felony sentence. State v. Thompson, 11th Dist. No. 2001-L-222, 2002-Ohio-7151, at ¶ 7. "However, this court will not disturb a given sentence unless we find, by clear and convincing evidence, that the record does not support the sentence or that the sentence is otherwise contrary to law."Read the full opinion on CourtListener →
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