Ohio Rev. Code Ann. § 2953.08

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

State v. Spees, Unpublished Decision (1-31-2005) · filed 2005-01-31(G)

The standard of review this Court applies is clear and convincing evidence.

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State v. Wright, Unpublished Decision (12-7-2004) · filed 2004-12-07(G)(2)

When reviewing a felony sentence, we may only vacate, increase, reduce, or otherwise modify a sentence if 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).

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

State v. Hess, Unpublished Decision (12-13-2004) · filed 2004-12-13(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. Subsection (G)(2) states as follows: {¶ 29} "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.

Section 2953.08(G)(2) limits review of a maximum felony sentence to specified findings and whether the sentence is contrary to law; a claim that the sentence is excessive does not permit review for abuse of discretion.

State v. Kelly, Unpublished Decision (1-28-2005) · filed 2005-01-28(G)(2)

Upon review, however, we have no authority to determine whether a trial court abused its discretion in selecting the sentence that it did. R.C. § 2953.08 (G)(2). Rather, when hearing an appeal under R.C. § 2953.08 (A)(1)(a), our review is limited to determining whether a trial court made certain findings not relevant here or whether an appellant's sentence is "contrary to law."

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

State v. Arrington, Unpublished Decision (2-4-2005) · filed 2005-02-04(G)(2)

Our standard for reviewing a trial court's sentencing decision is not whether the trial court abused its discretion. Instead, we may increase, reduce or otherwise modify the sentence, or remand the matter for resentencing, only if we clearly and convincingly find that the record does not support the sentencing court's findings under the relevant statute or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2)(a) and (b).

Section 2953.08(G)(2) does not permit appellate review of felony sentences under an abuse of discretion standard.

State v. Legg, Unpublished Decision (2-15-2005) · filed 2005-02-15(G)(2)

Pursuant to the felony sentencing guidelines implemented in S.B. No. 2 in 1996, we no longer review felony sentences under the abuse of discretion standard. ... Indeed, R.C. 2953.08 (G)(2) specifically provides that "[t]he appellate court's standard for review is not whether the sentencing court abused its discretion."

Section 2953.08 allows a reviewing court to disturb a sentence when clear and convincing evidence shows that it is contrary to law.

State v. Battle, Unpublished Decision (2-22-2005) · filed 2005-02-22

As stated previously, a trial court's sentence will not be disturbed unless there is clear and convincing evidence that the sentence is contrary to law.

Section 2953.08(G)(2) permits reversal of a felony sentence only when clear and convincing evidence shows that the record does not support the sentencing court’s findings or that the sentence is contrary to law.

State v. Neighbor, Unpublished Decision (3-4-2005) · filed 2005-03-04(G)(2)

On review, an appellate court cannot reverse a felony sentence unless we find, by clear and convincing evidence, that the record does not support the sentencing court's findings or the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2)(a) and (b). ... Accordingly, we cannot find, 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.

Section 2953.08 requires an appellant seeking to modify or vacate a maximum sentence to demonstrate sentencing error by clear and convincing evidence.

State v. Marquis, Unpublished Decision (3-7-2005) · filed 2005-03-07(G)(2)

In order to modify or vacate a maximum sentence on appeal, an appellant bears the burden of demonstrating, by clear and convincing evidence, that the trial court erred in imposing the maximum sentence.

Section 2953.08(G)(2) permits an appellate court to disturb 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. Adams, Unpublished Decision (3-14-2005) · filed 2005-03-14(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).

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 findings or that the sentence is contrary to law.

State v. Jackson, Unpublished Decision (3-14-2005) · filed 2005-03-14(G)(2)

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

Section 2953.08(G)(2) sets a clear and convincing evidence standard for appellate review of felony sentences.

State v. Newsome, Unpublished Decision (3-14-2005) · filed 2005-03-14(G)(2)

An appellate court reviews a felony sentence under a clear and convincing evidence standard of review. R.C. 2953.08 (G)(2).

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. Satterfield, Unpublished Decision (3-16-2005) · filed 2005-03-16(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).

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. Scott, Unpublished Decision (3-17-2005) · filed 2005-03-17(G)(1)

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

Section 2953.08(G)(2) requires an appellate court to determine clearly and convincingly that sentencing findings are erroneous; it does not require clear and convincing evidence to support those findings.

State v. Lowery · filed 2005-03-18(G)(2)

The correct standard is not whether there is clear and convincing evidence to support the trial court's sentencing findings, but whether a reviewing court can state clearly and convincingly that the findings were in error. See R.C. 2953.08(G)(2)(a) and (b).

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

State v. Williams, Unpublished Decision (3-18-2005) · filed 2005-03-18(G)(2)

Under R.C. 2953.08 (G)(2), we review the record, including trial court findings underlying a sentence, and may: {¶ 7} "increase, reduce or otherwise modify a sentence that is appealed * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing. The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: {¶ 8} "(a) That the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13 , division (E)(4) of section 2929.14 , or division (H) of section 2929.20 of the Revised Code, whichever, if any, is relevant; {¶ 9} "(b) That the sentence is otherwise contrary to law."

Section 2953.08(G)(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. Moeller, Unpublished Decision (3-21-2005) · filed 2005-03-21(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 .

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence or remand for resentencing 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. Watkins, Unpublished Decision (3-25-2005) · filed 2005-03-25(G)(2)

Our standard for reviewing a trial court's sentencing decision is not whether the trial court abused its discretion. Instead, we may increase, reduce or otherwise modify the sentence, or remand the matter for resentencing, only if we clearly and convincingly find that the record does not support the sentencing court's findings under the relevant statute or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2)(a) and (b).

Section 2953.08(G)(2) sets a clear-and-convincing standard for appellate review of a maximum felony sentence.

State v. Graham, Unpublished Decision (3-28-2005) · filed 2005-03-28(G)(2)

An appellate court reviews a trial court's imposition of a maximum sentence for a felony conviction based on a "clear and convincing" degree of proof. R.C. 2953.08 (G)(2).

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

State v. Myers · filed 2005-02-04(G)(2)(a)

Rather, we may increase, reduce, or otherwise modify a sentence that is appealed or vacate the sentence and remand the matter for resentencing, if we clearly and convincingly find that the record does not support the sentencing court’s findings under the relevant statute (R.C. 2929.14(E)(4) in this case).

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 findings or that the sentence is contrary to law.

State v. Staup, Unpublished Decision (2-7-2005) · filed 2005-02-07(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 .

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

State v. Rose, Unpublished Decision (2-17-2005) · filed 2005-02-17(G)

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

Section 2953.08(G)(2) requires appellate review of the sentencing record and permits modification or vacation of a sentence upon a clear and convincing finding that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Jones, Unpublished Decision (2-18-2005) · filed 2005-02-18(G)(2)

An appellate court's choices upon review of a sentence are set out in R.C. 2953.08 (G)(2). That section provides: {¶ 52} "The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by the sentencing court. {¶ 53} "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 of 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: {¶ 54} "(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; {¶ 55} "(b) That the sentence is otherwise contrary to law."

Section 2953.08(G)(2) permits an appellate court to change or vacate 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. Harlow, Unpublished Decision (3-7-2005) · filed 2005-03-07(G)(2)

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

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence that is contrary to law.

State v. Rupert, Unpublished Decision (3-14-2005) · filed 2005-03-14(G)(2)

An appellate court may modify or vacate a sentence if it is contrary to law. R.C. 2953.08 (G)(2).

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

State v. Howard, Unpublished Decision (3-16-2005) · filed 2005-03-16(G)(2)(b)

But we may modify a sentence only if we clearly and convincingly find that the sentence is contrary to law.

Section 2953.08(G)(2) limits an appellate court’s ability to modify or remand a felony sentence unless it finds by clear and convincing evidence that the sentence is contrary to law.

State v. House, Unpublished Decision (3-18-2005) · filed 2005-03-18(G)(2)

Therefore, this Court may not modify or remand a sentencing decision imposed by the trial court, unless this Court finds, by clear and convincing evidence, that the sentence imposed by the trial court was contrary to law. R.C. 2953.08 (G)(2); State v. Houston, 9th Dist. No. 21551, 2003-Ohio-6119, at ¶ 4.

Section 2953.08(G) allows an appellate court to leave a felony sentence undisturbed when clear and convincing evidence supports it and it is not contrary to law.

State v. Hunter, Unpublished Decision (3-23-2005) · filed 2005-03-23(G)

Since the trial court's sentences were supported by clear and convincing evidence and were not contrary to law, we will not disturb them.

Section 2953.08(G)(2) permits an appellate court to disturb a felony sentence only when 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. Allen, Unpublished Decision (3-28-2005) · filed 2005-03-28(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).

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

State v. Ryane, Unpublished Decision (3-28-2005) · filed 2005-03-28(G)

If on appeal, an appellant establishes by clear and convincing evidence that the record does not support a sentencing court's required findings, or that a sentence is otherwise contrary to law, R.C. 2953.08 (G)(1) and (2) authorizes the appellate court to increase, reduce, or otherwise modify a criminal sentence, or to vacate the sentence and remand the matter to the trial court for re-sentencing. A sentence imposed by a trial court, therefore, will not be disturbed absent a showing by clear and convincing evidence that the trial court's sentence is contrary to law.

Section 2953.08(G) authorizes an appellate court to modify or vacate a felony sentence when the required findings lack record support or the sentence is contrary to law.

State v. Scarberry, Unpublished Decision (3-28-2005) · filed 2005-03-28(G)

Upon review, if an appellate court clearly and convincingly finds that the record does not support a sentencing court's required findings or determines that a sentence is otherwise contrary to law, R.C. 2953.08 (G)(1) and (2) authorize the appellate court to increase, reduce, or otherwise modify a criminal sentence, or to vacate the sentence and remand the matter to the trial court for re-sentencing.

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. Burns, Unpublished Decision (3-7-2005) · filed 2005-03-07(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.

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 findings or that the sentence is contrary to law.

State v. Seigler, Unpublished Decision (4-18-2005) · filed 2005-04-18(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.

Section 2953.08(G)(2)(a) requires the record to support the sentencing court's findings and reasons by clear and convincing evidence.

State v. Worrell, Unpublished Decision (3-31-2005) · filed 2005-03-31(G)(2)(a)

Likewise, the record must support the trial court's findings and reasons by clear and convincing evidence. R.C. 2953.08 (G)(2)(a).

Section 2953.08(G) allows an appellate court to decline to modify a felony sentence supported by clear and convincing evidence in the record.

State v. Rankin, Unpublished Decision (3-31-2005) · filed 2005-03-31(G)

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

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

State v. Williams, Unpublished Decision (4-1-2005) · filed 2005-04-01(G)(2)

Our standard of review is not the abuse of discretion standard. State v. Lofton, Montgomery App. No. 19852, 2004-Ohio-169; R.C. 2953.08 (G)(2). Rather, we review the sentencing decision de novo. State v. Kershaw (1999), 132 Ohio App. 243 . Applying that standard, we may increase, reduce, or otherwise modify a sentence only if we clearly and convincingly find either of two matters: (1) that the record does not support the required findings the trial court made, or (2) that the sentence is otherwise contrary to law.

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

State v. Ware, Unpublished Decision (4-20-2005) · filed 2005-04-20(G)(2)

An appellate court may not remand or modify a trial court's sentencing decision unless the appellate court finds, by clear and convincing evidence, that the sentence imposed by the trial court was contrary to law.

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

State v. Storer, Unpublished Decision (4-25-2005) · filed 2005-04-25(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, that the record does not support the sentencing court's findings or is otherwise contrary to law. See R.C. 2953.08 (G)(2).

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 findings or that the sentence is contrary to law.

State v. Daniels, Unpublished Decision (4-25-2005) · filed 2005-04-25(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.

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

State v. Beltowski, Unpublished Decision (4-29-2005) · filed 2005-04-29(G)(2)

The reviewing court may not vacate 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 other wise contrary to law." R.C. 2953.08 (G)(2)(a) and (b).

Section 2953.08(D) bars appellate review of a sentence that is authorized by law, jointly recommended by the defendant and prosecution, and imposed by the sentencing judge.

State v. Tonn, Unpublished Decision (4-29-2005) · filed 2005-04-29(D)

Given that Tonn's sentences were authorized by law, jointly recommended, and imposed by a sentencing judge, they are not reviewable on appeal.

Section 2953.08(G) permits an appellate court to leave a felony sentence undisturbed when the sentencing findings are supported by the record and are not contrary to law.

State v. Smith, Unpublished Decision (5-11-2005) · filed 2005-05-11(G)

Those findings were supported by competent, credible evidence and were not contrary to law. ... Therefore, this court will not disturb the trial court's sentences. R.C. 2953.08 (G); Edmonson, supra; State v. Napier (Aug. 28, 1998), 1st Dist. No. C-970383.

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

State v. Watkins, Unpublished Decision (5-16-2005) · filed 2005-05-16(G)(2)

We note again that we may modify a trial court's sentence only if there is clear and convincing evidence that the record does not support the trial court's findings or that the sentence is contrary to the law.

Section 2953.08(G)(2) allows an appellate court to vacate and remand a sentence it clearly and convincingly finds contrary to law.

State v. Scott, Unpublished Decision (5-18-2005) · filed 2005-05-18(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). ... Due to the trial court's failure to comply with R.C. 2929.14 (C), we clearly and convincingly find that Appellant's sentence is contrary to law.

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. Mendenhall, Unpublished Decision (5-23-2005) · filed 2005-05-23(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).

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. Colbert, Unpublished Decision (5-23-2005) · filed 2005-05-23(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).

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

State v. Good, Unpublished Decision (5-31-2005) · filed 2005-05-31(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: 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] That the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2). ... Because 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.

Section 2953.08(G)(2)(b) allows an appellate court to disturb a felony sentence when clear and convincing evidence shows that it is contrary to law.

State v. Holt, Unpublished Decision (3-31-2005) · filed 2005-03-31(G)(2)(b)

A trial court's 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 .

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

State v. Lodge, Unpublished Decision (4-15-2005) · filed 2005-04-15(G)(2)

Under R.C. § 2953.08 (G)(2), our standard of review on appeal is not whether the sentencing court abused its discretion. ... Rather, an appellate court may increase, reduce, or otherwise modify a sentence that is appealed, or vacate the sentence and remand the matter for resentencing if we find clear and convincing evidence that: 1) the record does not support the sentencing court's findings under the relevant statute [R.C. § 2929.14 (E)(4), in this case]; or 2) that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) allows an appellate court to disturb a felony sentence upon clear and convincing evidence that the record does not support the trial court's findings or the sentence is otherwise contrary to law.

State v. Scranton, Unpublished Decision (4-29-2005) · filed 2005-04-29(G)(2)(a) and (b)

We will not disturb a sentence absent clear and convincing evidence that the record fails to support the trial court's findings or the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2)(a) and (b).

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

State v. Braxton, Unpublished Decision (5-5-2005) · filed 2005-05-05(G)(2)

Under R.C. 2953.08 (G)(2), an appellate court may increase, reduce, or otherwise modify a sentence, or may vacate the sentence and remand the matter for resentencing if it clearly and convincingly finds either that the record does not support the sentencing court's findings under R.C. 2929.13 (B) or (D), 2929.14 (E)(4), or 2929.20 (H), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) requires an appellate court to clearly and convincingly find that a sentence is contrary to law before reversing it; the standard is not abuse of discretion.

State v. Crites, Unpublished Decision (5-26-2005) · filed 2005-05-26(G)(2)(b)

Yet, the relevant statute requires the appellate court to clearly and convincingly find that the sentence is contrary to law before reversing. R.C. 2953.08 (G)(2)(b) (also stating that our standard of review is not for an abuse of discretion).

Section 2953.08(G) does not provide for abuse-of-discretion review of a felony sentence.

State v. Graham, Unpublished Decision (5-27-2005) · filed 2005-05-27(G)

The court's findings and reasons are well supported, and we do not review for an abuse of discretion. R.C. 2953.08 (G).

Section 2953.08(G)(1) excludes abuse-of-discretion review of errors assigned in a defendant’s felony-sentence appeal under subsection (A).

State v. Herr, Unpublished Decision (5-27-2005) · filed 2005-05-27(G)(1)

R.C. 2953.08 (G)(1) provides that in reviewing the error assigned in a defendant's R.C. 2953.08 (A) appeal "[t]he appellate court's standard of review is not whether the trial court abused its discretion." Yet, that is precisely the argument that Defendant-Appellant presents, with but one exception.

Section 2953.08(G)(2) permits an appellate court to reverse, vacate, or 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. Bajaj, Unpublished Decision (6-8-2005) · filed 2005-06-08(G)(2)

When reviewing any sentence imposed for a felony, this court cannot reverse, vacate, or modify the sentence unless 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. R.C. 2953.08 (G)(2).

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 findings or that the sentence is contrary to law.

State v. Preston, Unpublished Decision (6-8-2005) · filed 2005-06-08(G)(2)

Regarding the standard of review applied to a felony sentence, we may only vacate, increase, reduce, or otherwise modify a sentence if 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).

Section 2953.08 does not permit appellate review of a felony sentence on a claim that the trial court abused its discretion.

State v. Johnson, Unpublished Decision (6-10-2005) · filed 2005-06-10(A), (G)

As appellee points out, however, this court has already held that an abuse of discretion claim is not a proper ground for appeal, or a matter for which the statute permits appellate review. R.C. 2953.08 (A); R.C. 2953.08 (G).

Section 2953.08(G) 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. Harrington, Unpublished Decision (6-16-2005) · filed 2005-06-16(G)

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).

Section 2953.08(G)(2) requires an appellate court to find clearly and convincingly that the record does not support a felony sentence before vacating or modifying it on that ground.

State v. Rose, Unpublished Decision (6-24-2005) · filed 2005-06-24(G)(2)

When reviewing a sentence the appellate court must conduct a "meaningful review," which for a felony sentence means that in order to vacate or modify the sentence the court must clearly and convincingly find that the record does not support the sentence. R.C. § 2953.08 (G)(2).

Section 2953.08(G)(2) requires appellate courts to review felony sentences under a clear and convincing evidence standard.

State v. Green, Unpublished Decision (6-27-2005) · filed 2005-06-27(G)(2)

Pursuant to R.C. 2953.08 (G)(2), an appellate court reviews a felony sentence under a clear and convincing evidence standard of review.

Section 2953.08(G) limits when an appellate court may modify or vacate a felony sentence under a clear-and-convincing standard.

State v. Boudreau, Unpublished Decision (6-30-2005) · filed 2005-06-30(G)

An appellate court may not modify or vacate the sentence unless the court "clearly and convincingly" finds that: (1) the sentence is not supported by the record; (2) the trial court imposed a prison term without following the appropriate statutory procedures; or (3) the sentence imposed was contrary to law.

Section 2953.08(G) requires a felony sentence to be supported by clear and convincing evidence in the record.

State v. Bigsby · filed 2005-07-14(G)

Instead, the sentence need only be supported by clear and convincing evidence in the record. R.C. 2953.08(G).

Section 2953.08(G)(2)(a) 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 sentencing court’s findings under the relevant statute.

State v. Howard, Unpublished Decision (7-15-2005) · filed 2005-07-15(G)(2)(a)

We may increase, reduce, or otherwise modify a sentence that is appealed or vacate the sentence and remand the matter for resentencing, only if we clearly and convincingly find that the record does not support the sentencing court's findings under the relevant statute.

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

State v. Lawhorn, Unpublished Decision (6-6-2005) · filed 2005-06-06(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, that the record does not support the sentencing court's findings or is otherwise contrary to law. See R.C. 2953.08 (G)(2).

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. Board, Unpublished Decision (6-13-2005) · filed 2005-06-13(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 .

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 findings or that the sentence is contrary to law.

State v. Meihls, Unpublished Decision (6-13-2005) · filed 2005-06-13(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 .

Section 2953.08(G)(2) requires an appellate court to apply a clear-and-convincing standard when reviewing whether the record supports sentencing findings or whether they are contrary to law.

State v. Russia, Unpublished Decision (6-22-2005) · filed 2005-06-22(G)(2)(a) and (b)

We cannot clearly and convincingly find that the record does not support the findings or that those findings were contrary to law.

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 findings or that the sentence is contrary to law.

State v. Bundy, Unpublished Decision (6-24-2005) · filed 2005-06-24(G)(2)

We may only vacate, increase, reduce, or otherwise modify Bundy's sentence if it clearly and convincingly finds that the record does not support the sentencing court's findings or that the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2).

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. Bunch, Unpublished Decision (6-24-2005) · filed 2005-06-24(G)(2)

In 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).

Section 2953.08(G)(2) permits an appellate court to disturb 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. Vincenzo, Unpublished Decision (6-27-2005) · filed 2005-06-27(G)(2)

Pursuant to R.C. 2953.08 (G)(2), an appellate court reviews a felony sentence under a clear and convincing evidence standard of review. 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."

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. Bryant, Unpublished Decision (6-30-2005) · filed 2005-06-30(D)

To repeat, the eight year sentence imposed by the trial court was an agreed upon sentence and any matters concerning that sentence are not subject to review under R.C. 2953.08 (D).

Section 2953.08(G)(2) permits reversal of a felony sentence only upon clear and convincing evidence that the record does not support the sentencing court's findings or that the sentence is contrary to law.

State v. Pearce, Unpublished Decision (6-30-2005) · filed 2005-06-30(G)(2)

On review, an appellate court cannot reverse a felony sentence unless we find, by clear and convincing evidence, that the record does not support the sentencing court's findings or the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2)(a) and (b).

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

State v. Wilson, Unpublished Decision (7-5-2005) · filed 2005-07-05(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.

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

State v. Hay, Unpublished Decision (7-5-2005) · filed 2005-07-05(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, that the record does not support the sentencing court's findings or is otherwise contrary to law.

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

State v. Rabasi, Unpublished Decision (7-7-2005) · filed 2005-07-07(G)(2)

An appellate court may modify a trial court's sentence only if it clearly and convincingly determines that the record does not support the court's findings, or that the sentence is contrary to the law. R.C. 2953.08 (G)(2).

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

State v. Mattison, Unpublished Decision (7-15-2005) · filed 2005-07-15(G)(2)

We begin by noting that an appellate court reviewing a sentence imposed by the trial court may "increase, reduce, or otherwise modify the sentence" only if it finds by clear and convincing evidence that "the record does not support the sentencing court's findings" or "that the sentence is otherwise contrary to law." R.C. § 2953.08 (G)(2)(a) (b). We conclude that the record in this case does support the trial court's findings.

Section 2953.08(G) 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. McDaniel, Unpublished Decision (7-14-2005) · filed 2005-07-14(G)

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

Section 2953.08(G)(2) permits an appellate court to 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. King, Unpublished Decision (7-25-2005) · filed 2005-07-25(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.

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

State v. Dubose, Unpublished Decision (7-28-2005) · filed 2005-07-28(G)(1)

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

Section 2953.08(G)(2) requires an appellate court to review a felony sentence under a clear-and-convincing-evidence standard.

State v. McAdams · filed 2005-07-29(G)(2)

An appellate court reviews a felony sentence under a clear-and-convincing-evidence standard of review. R.C. 2953.08(G)(2).

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

State v. Lester, Unpublished Decision (8-1-2005) · filed 2005-08-01(G)

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

Section 2953.08(G)(2) requires an appellate court reviewing a felony sentence to determine by clear and convincing evidence whether the record supports the sentencing court's findings or the sentence is contrary to law.

State v. Gonzalez, Unpublished Decision (8-4-2005) · filed 2005-08-04(G)(2)

Pursuant to R.C. 2953.08 (G)(2), the standard for an appellate court reviewing the imposition of a sentence is clear and convincing evidence as to whether the record supports the court's findings or the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to disturb 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. Fatica, Unpublished Decision (8-12-2005) · filed 2005-08-12(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."

Section 2953.08(G) permits an appellate court to disturb a felony sentence upon a clear and convincing showing of a listed sentencing error.

State v. Smith, Unpublished Decision (8-15-2005) · filed 2005-08-15(G)

Thus, a sentence imposed by the 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. ... Based on the findings of the sentencing court, which were affirmed by the defendant, we cannot conclude by clear and convincing evidence that the court below us erred in sentencing Smith to eighteen months incarceration.

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

State v. Taylor, Unpublished Decision (8-16-2005) · filed 2005-08-16(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. ... We cannot find clear and convincing evidence that the record does not support the sentence or that the sentence is otherwise contrary to law.

Section 2953.08 does not permit appellate review based solely on a claim that the trial court reached the wrong sentencing conclusion.

State v. Nesser, Unpublished Decision (8-18-2005) · filed 2005-08-18(A), (G)

Finally, we would note that other appellate districts have refused to address the argument raised by appellant, that is, the trial court was simply wrong in the conclusion that it reached. Such an argument has nothing to do with whether the trial court failed to follow some required procedure to impose the sentence it selected. Such an argument is not a proper ground for appeal under R.C. 2953.08 (A) or a matter for which R.C. 2953.08 (G) permits appellate review.

Section 2953.08(G)(2)(b) requires an appellate court to find clearly and convincingly that a felony sentence is contrary to law before sustaining that sentencing error.

State v. Richardson, Unpublished Decision (9-2-2005) · filed 2005-09-02(G)(2)(b)

In order to sustain the particular error assigned, we must "clearly and convincingly" find that the sentence the court imposed is contrary to law. R.C. 2953.08 (G)(2)(b). That standard is satisfied here.

Section 2953.08 permits an appellate court to substitute its judgment on a felony sentence only upon clear and convincing evidence of a sentencing error described in the section.

State v. Thomas, Unpublished Decision (9-6-2005) · filed 2005-09-06

We review the sentencing decision of a trial court to determine whether the court's findings are supported by the record, and we may not substitute our judgment for that of the trial court without clear and convincing evidence of one of the errors described in R.C. 2953.08 .

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

State v. Robinson, Unpublished Decision (9-14-2005) · filed 2005-09-14(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. R.C. 2953.08 (G)(2).

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

State v. Clagg, Unpublished Decision (9-16-2005) · filed 2005-09-16(G)(2)

Pursuant to R.C. 2953.08 (G)(2) we may increase, reduce, or otherwise modify a sentence that is appealed, or may vacate the sentence and remand the matter to the sentencing court for resentencing, if we clearly and convincingly find that: (a) the record does not support the sentencing court's findings; or (b) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) sets the standard for appellate review of a felony sentence; abuse of discretion is not that standard.

State v. Ratcliff, Unpublished Decision (9-29-2005) · filed 2005-09-29(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. Subsection (G)(2) states as follows: {¶ 7} "The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing. The appellate court's standard for review is not whether the sentencing court abused its discretion.

Section 2953.08(G)(2) requires an appellate court reviewing a felony sentence to determine by clear and convincing evidence whether the record supports the sentencing findings or the sentence is contrary to law.

State v. Edmondson, Unpublished Decision (9-29-2005) · filed 2005-09-29(G)(2)

Pursuant to R.C. 2953.08 (G)(2), the standard for an appellate court reviewing the imposition of a sentence is clear and convincing evidence as to whether the record supports the court's findings or the sentence is contrary to law.

Section 2953.08 permits an appellate court to modify a felony sentence and remand for resentencing when clear and convincing evidence shows that the sentence is contrary to law or that the record does not support the required sentencing findings.

State v. Green, Unpublished Decision (9-30-2005) · filed 2005-09-30(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 or that the record does not support the sentencing court's findings under R.C. 2929.13 (B) or (D), R.C. 2929.14 (E) or R.C. 2929.20 (H), whichever is relevant.