Ohio Rev. Code Ann. § 2953.08

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. Streeter · filed 2005-08-05(G)(2)

On review, an appellate court cannot reverse a felony 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. R.C. 2953.08(G)(2)(a) and (b).

Section 2953.08(G)(2) permits a reviewing court to vacate or 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. Moore · filed 2005-08-26(G)(2)

In order to vacate or modify a felony sentence, a reviewing court must clearly and convincingly find either that the record does not support the sentencing court’s findings or that the sentence is contrary to the law. R.C. 2953.08(G)(2). We find that the record clearly and convincingly supports the trial court’s findings with regard to sentencing.

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

State v. Cook, Unpublished Decision (8-29-2005) · filed 2005-08-29(G)

On review, a sentence imposed by a trial court will not be disturbed absent a showing by clear and convincing evidence that 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. See R.C. 2953.08 (G).

Section 2953.08(G)(2) permits an appellate court to modify a 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.

In Re J.R., Unpublished Decision (8-10-2005) · filed 2005-08-10(G)(2)

R.C. 2953.08 (G)(2) provides that we may modify Defendant's sentence if we clearly and convincingly find that either (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) 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State v. Gonzales, Unpublished Decision (9-19-2005) · filed 2005-09-19(G)(2)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 Martin, 136 Ohio App.3d at 361 .

Section 2953.08 governs appeals of felony sentences and sets the appellate court’s authority to modify or vacate a sentence.

State v. Wackerly, Unpublished Decision (9-19-2005) · filed 2005-09-19(G)(2)

R.C. 2953.08 governs appeals based on felony sentencing guidelines. Subsection (G)(2) states the following: {¶ 9} "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.

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

State v. Allen, Unpublished Decision (9-30-2005) · filed 2005-09-30(G)(2)

Per R.C. 2953.08 (G)(2), our standard of review on appeal is not whether the sentencing court abused its discretion. ... 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 either (1) that the record does not support the sentencing court's findings under the relevant statute, R.C. 2929.14 (B) in this case, or (2) that the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) allows reversal when clear and convincing evidence shows that a felony sentence is contrary to law.

State v. Bittner, Unpublished Decision (9-30-2005) · filed 2005-09-30(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. ... For those reasons, appellant's sentence is contrary to law, R.C. 2953.08 (G)(2)(b), and we must find appellant's sole assignment of error well-taken.

Section 2953.08(G)(2) allows 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 otherwise contrary to law.

State v. Foster, Unpublished Decision (9-30-2005) · filed 2005-09-30(G)(2)

An appellate court reviews a felony sentence under a clear and convincing evidence standard of review. R.C. 2953.08 (G)(2). Accordingly, 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)(2) permits an appellate court to modify or vacate and remand a felony sentence only if clear and convincing evidence shows that the sentencing findings lack record support or the sentence is contrary to law.

State v. McClurg, Unpublished Decision (10-3-2005) · filed 2005-10-03(G)(2)

In reviewing a felony sentence, an appellate court may not modify or vacate and remand a sentence unless 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) requires an appellate court to review the sentencing record and does not use abuse of discretion as the standard of review.

State v. Staats, Unpublished Decision (10-11-2005) · filed 2005-10-11(G)(2)

Pursuant to present R.C. 2953.08 (G)(2): "The court hearing an appeal under division (A), (B), or (C) of this section shall review the record, including the findings underlying the sentence or modification given by the sentencing court. The appellate court may 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 re-sentencing. The appellate court's standard for review is not whether the sentencing court abused its discretion.

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

State v. Nolan, Unpublished Decision (10-14-2005) · filed 2005-10-14(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) requires appellate courts to review felony sentences under a clear-and-convincing standard rather than for abuse of discretion.

State v. Paul, Unpublished Decision (10-14-2005) · filed 2005-10-14(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. ... 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: ... It is with this standard that we now review the assignments of error.

Section 2953.08(A)(4) requires a reviewing court to find by clear and convincing evidence that a sentence is contrary to law.

State v. Baeza, Unpublished Decision (10-21-2005) · filed 2005-10-21(A)(4)

As we said in State v. Yancey (May 28, 2004), Montgomery App. No. 20130, 2004-Ohio-2725, pursuant to R.C. § 2953.08 (A)(4), a reviewing court must find by clear and convincing evidence that a sentence is contrary to law.

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

State v. Serrano · filed 2005-10-21(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 modify or remand 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. Schweitzer, Unpublished Decision (10-24-2005) · filed 2005-10-24(G)(2)

As we stated herein, our standard for reviewing a trial court's sentencing decision is not whether the trial court abused its discretion. Instead, we may not increase, reduce or otherwise modify the sentence, or remand the matter for resentencing, unless 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) 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 the sentence is otherwise contrary to law.

State v. Gaines, Unpublished Decision (10-31-2005) · filed 2005-10-31(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. Subsection (G) (2) states as follows: {¶ 50} "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 re-sentencing. 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: {¶ 51} "(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; {¶ 52} "(b) That the sentence is otherwise contrary to law."

Section 2953.08(G)(2) applies a clear and convincing standard when an appellate court reviews a felony sentence for legal error.

State v. Fletcher, Unpublished Decision (11-2-2005) · filed 2005-11-02(G)(2)

In sum, the trial court's sentence in this case was clearly and convincingly supported by the record and not contrary to law.

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

State v. White, Unpublished Decision (11-4-2005) · filed 2005-11-04(G)(2)

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 either (1) that the record does not support the sentencing court's findings under the relevant statute, or (2) that the sentence is otherwise contrary to law.

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

State v. Solomon, Unpublished Decision (11-10-2005) · filed 2005-11-10(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) does not permit appellate review of a sentencing court’s refusal to overcome the presumption of imprisonment based on an abuse-of-discretion claim.

State v. Ellis, Unpublished Decision (11-18-2005) · filed 2005-11-18(G)

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

Section 2953.08(G)(2) permits an appellate court to modify an appealed sentence if it clearly and convincingly finds that the trial court's findings lack record support or that the sentence is contrary to law.

State v. MacK, Unpublished Decision (11-30-2005) · filed 2005-11-30(G)(2)

Pursuant to R.C. 2953.08 (G)(2), an appellate court may modify a sentence that is appealed from if it clearly and convincingly finds that the trial court's findings are not supported by the record, or that the sentence is contrary to law. We do not clearly or convincingly find either.

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

State v. Hines, Unpublished Decision (12-19-2005) · filed 2005-12-19(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 appellate courts reviewing felony sentences to examine the record without substituting their judgment for, or deferring to, the trial court's discretion.

State v. Carter, Unpublished Decision (12-20-2005) · filed 2005-12-20(G)(2)

In applying this standard of review, we neither substitute our judgment for that of the trial court nor defer to the trial court's discretion. See R.C. 2953.08 (G)(2).

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

State v. Harris, Unpublished Decision (12-23-2005) · filed 2005-12-23(G)(2)

Per R.C. 2953.08 (G)(2), our standard of review on appeal is not whether the sentencing court abused its discretion. State v. Lofton (Jan. 16, 2004), Montgomery App. No. 19852, 2004-Ohio-169 ; R.C. 2953.08 (G)(2). 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 either (1) that the record does not support the sentencing court's findings under the relevant statute, or (2) that the sentence is otherwise contrary to law.

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 the sentencing court's findings or that the sentence is contrary to law.

State v. McNeely, Unpublished Decision (12-30-2005) · filed 2005-12-30(G)(2)

On review, an appellate court cannot reverse a felony 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. R.C. 2953.08 (G)(2)(a) and (b).

Section 2953.08(G)(2) allows reversal of a felony sentence only 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. Zimmerman, Unpublished Decision (1-27-2006) · filed 2006-01-27(G)(2)

On review, an appellate court cannot reverse a felony 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. 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 court’s findings or that the sentence is contrary to law.

State v. Alfaro, Unpublished Decision (1-30-2006) · filed 2006-01-30(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 remand a felony sentence only when it clearly and convincingly finds that the record does not support the trial court's findings or that the sentence is contrary to law.

State v. Detlor, Unpublished Decision (12-19-2005) · filed 2005-12-19(G)(2)

On appeal from the imposition of sentence, an appellate court may not remand the case, or increase, reduce, or otherwise modify the sentence, unless it clearly and convincingly finds that the record does not support the trial court's findings or the sentence is otherwise contrary to law. R.C. 2953.08 (G)(2)(a), (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 court's findings or that the sentence is contrary to law.

In Re Wells, Unpublished Decision (12-27-2005) · filed 2005-12-27(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) permits an appellate court to modify or vacate a felony sentence only if it clearly and convincingly finds that required sentencing findings lack record support or the sentence is contrary to law.

State v. Hines, Unpublished Decision (12-27-2005) · filed 2005-12-27(G)

Upon review, an appellate court may not modify a criminal sentence or vacate the sentence and remand the matter to the trial court for re-sentencing unless it 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).

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

State v. Young, Unpublished Decision (1-11-2006) · filed 2006-01-11(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 , this Court finds that regardless of his failure to object to the sentencing procedures in the trial court, Appellant has failed to demonstrate by clear and convincing evidence that the trial court acted contrary to law when it imposed sentences that exceeded the minimum prison term.

Section 2953.08(D) bars appellate review of a sentence authorized by law and jointly recommended by the defendant and prosecution.

State v. Dawkins, Unpublished Decision (1-20-2006) · filed 2006-01-20(D)

A sentence authorized by law and imposed upon the joint recommendation of both the defendant and the prosecution is not subject to appellate review. R.C. 2953.08 (D). The sentence imposed in this case is authorized by law, and was agreed upon by both the defendant and the State as part of the plea bargain. Therefore, it is not reviewable on appeal.

Section 2953.08(G)(2) provides for appellate review of whether the record supports the sentencing findings and whether the sentence is contrary to law.

State v. Kendrick, Unpublished Decision (1-20-2006) · filed 2006-01-20(G)(2)

Having reviewed the record, however, we conclude that the record supports the trial court's findings and that Kendrick's sentence is not contrary to law. See R.C. § 2953.08 (G)(2).

Section 2953.08(D) generally bars appellate review of a prison term the defendant agreed to as part of a plea bargain.

State v. Clarke, Unpublished Decision (1-26-2006) · filed 2006-01-26(D)

Clarke cannot challenge his sentence on appeal, since, pursuant to R.C. 2953.08 (D), "[w]hen a defendant agrees to a specific term of incarceration as part of a plea bargain, that sentence is generally not subject to appellate review." State v. Ranta, Cuyahoga App. No. 84976, 2005-Ohio-3692 , at ¶ 6 (Footnote omitted); see also, State v. Krowiak, Cuyahoga App. No. 85965, 2005-Ohio-6012 .

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence or vacate it and remand for resentencing 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. Cantrell, Unpublished Decision (1-27-2006) · filed 2006-01-27(G)(2)

Under R.C. § 2953.08 (G)(2), our standard of review on appeal is not whether a sentencing court abused its discretion in imposing the sentence that it did. Instead, the statute provides that we may modify a sentence or vacate a sentence and remand the matter for resentencing if we clearly and convincingly find either (1) that the record does not support the sentencing court's findings under the applicable statute or (2) that the sentence is otherwise "contrary to law," which means that a sentencing court ignored an issue or factor that it was required to consider.

Section 2953.08 limits an appellate court’s ability to modify or vacate a felony sentence to cases where the court clearly and convincingly finds that the record does not support the necessary findings or that the sentence is contrary to law.

State v. Williams, Unpublished Decision (1-30-2006) · filed 2006-01-30(G)(1), (G)(2)

As noted herein, an appellate court may not modify a criminal sentence or vacate the sentence and remand the matter to the trial court for re-sentencing unless it clearly and convincingly finds that the record does not support the necessary findings or it determines that a sentence is otherwise contrary to law.

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. Jackson, Unpublished Decision (2-8-2006) · filed 2006-02-08(G)(2)

An appellate court may remand for re-sentencing on a felony conviction 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); State v. Stearns (May 5, 2004), 9th Dist. No. 03CA008343, at ¶ 17. ... Therefore, we find that the trial court's oversight was contrary to law and constituted error in this respect, and we sustain Appellant's first assignment of error on this basis. See R.C. 2953.08 (G)(2); Stearns at ¶ 17. We remand the case to the trial court to conduct further proceedings consistent with this decision.

Section 2953.08 permits an appellate court to modify 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. Spencer, Unpublished Decision (2-17-2006) · filed 2006-02-17

"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." Id.; R.C. 2953.08 .

Section 2953.08(G)(2) directs an appellate court to review the record to determine whether consecutive sentences were properly imposed.

State v. Hill, Unpublished Decision (2-23-2006) · filed 2006-02-23(G)(2)

R.C. 2953.08 (G)(2) instructs the appellate court to review the "record" to determine whether consecutive sentences were properly imposed in a given case.

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

State v. Ogle, Unpublished Decision (2-23-2006) · filed 2006-02-23(G)(2)

R.C. 2953.08 governs an appeal of sentence for felony. Subsection (G)(2) states as follows: {¶ 24} "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: {¶ 25} "(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; {¶ 26} "(b) That the sentence is otherwise contrary to law."

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

State v. Gray, Unpublished Decision (1-6-2006) · filed 2006-01-06(G)(2)(b)

With the exception of the sentence imposed for the fourth degree felony offenses, on this record we cannot clearly and convincingly find that the record does not support the court's findings or that the sentence is otherwise contrary to law, which per R.C. 2953.08 (G)(2)(b) is the standard for reversal.

Section 2953.08(G)(2)(b) authorizes reversal of a felony sentence when the appellate court clearly and convincingly finds that the sentence was imposed contrary to law.

State v. Erwin, Unpublished Decision (1-13-2006) · filed 2006-01-13(G)(2)(b)

We are authorized by R.C. 2953.08 (G)(2)(b) to reverse a sentence if we clearly and convincingly find that it was imposed contrary to law.

Section 2953.08 limits appellate modification or vacation of a felony sentence to cases where required findings lack record support or the sentence is contrary to law.

State v. Elsass, Unpublished Decision (1-30-2006) · filed 2006-01-30(G)(1) and (2)

Upon review, an appellate court may not modify a criminal sentence or vacate the sentence and remand the matter to the trial court for re-sentencing unless it 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).

Section 2953.08 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 necessary findings or determines that the sentence is otherwise contrary to law.

State v. Hairston, Unpublished Decision (1-30-2006) · filed 2006-01-30(G)(1), (2)

On appeal from the imposition of sentence, an appellate court may not modify a criminal sentence or vacate the sentence and remand the matter to the trial court for re-sentencing unless it clearly and convincingly finds that the record does not support the necessary findings or it determines that a sentence is otherwise contrary to law. R.C. 2953.08 (G)(1), (2).

Section 2953.08(G)(2) requires a reviewing court to find clear and convincing evidence of error before changing a felony sentence.

State v. Jones, Unpublished Decision (2-7-2006) · filed 2006-02-07(G)(2)

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

Section 2953.08(G)(2) allows an appellate court to modify a felony sentence only if 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. Kelley, Unpublished Decision (2-13-2006) · filed 2006-02-13(G)(2)

An appellate court may not modify a trial court's sentence unless it finds by clear and convincing evidence that the record does not support the trial court's findings or the sentence is contrary to law.

A felony sentence will not be disturbed unless clear and convincing evidence shows that it is contrary to law.

State v. Pitts, Unpublished Decision (2-24-2006) · filed 2006-02-24(G)(2)(b)

A 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 an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the required findings or that the sentence is contrary to law.

State v. Cochran, Unpublished Decision (3-3-2006) · filed 2006-03-03(G)(2)

As an initial matter, Cochran has applied the wrong standard of review. "Per R.C. § 2953.08 (G)(2), our standard of review on appeal is not whether the sentencing court abused its discretion. 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 either (1) that the record does not support the sentencing court's findings under the relevant statute, or (2) that the sentence is otherwise contrary to law."

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

State v. Capone, Unpublished Decision (3-10-2006) · filed 2006-03-10(G)(2)

An appellate court cannot disturb a trial court's sentence absent a showing by clear and convincing evidence that the disputed sentence is either unsupported by the record or is contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G)(2) limits when an appellate court may disturb an imposed felony sentence: it must find by clear and convincing evidence that the sentence lacks record support or is otherwise contrary to law.

State v. Grays, Unpublished Decision (5-8-2006) · filed 2006-05-08(G)(2)

Initially, we note 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 otherwise contrary to law. R.C. 2953.08 (G)(2).

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

State v. Rhodes, Unpublished Decision (5-15-2006) · filed 2006-05-15(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 "otherwise contrary to law." R.C. 2953.08 (G)(2).

Section 2953.08(G)(2) requires clear and convincing evidence that the record does not support the sentencing court’s findings or that the sentence is contrary to law before an appellate court may substitute its judgment.

State v. Wagner, Unpublished Decision (5-15-2006) · filed 2006-05-15(G)(2)

Thus, an appellate court 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).

Section 2953.08(G)(2)(a) permits reversal when an appellate court clearly and convincingly finds that a required sentencing finding is unsupported by the record.

State v. Carter, Unpublished Decision (3-3-2006) · filed 2006-03-03(G)(2)(a)

Based upon our review of the record in this case, we "clearly and convincingly find" that the trial court's finding, required by R.C. 2929.14 (E)(4), that the consecutive sentences imposed are not disproportionate to the seriousness of the offender's conduct, is not supported by the record. This satisfies the requirement for reversal of a sentence set forth in R.C. 2953.08 (G)(2)(a).

Section 2953.08(G)(2) permits reversal of a felony sentence when the sentence is contrary to law or the record does not support the sentencing court's findings.

State v. Warren, Unpublished Decision (3-17-2006) · filed 2006-03-17(G)(2)

In order to establish reversible error in the trial court's decision to impose a prison term rather than community control sanctions, Appellant is required to show that the court's decision was contrary to law or that the record does not support the court's findings regarding the sentence. R.C. § 2953.08 (A)(4) and (G)(2). Appellant has already established that the decision to impose a mandatory prison term was contrary to law.

Section 2953.08(G) permits an appellate court to vacate a felony sentence and remand for resentencing when it clearly and convincingly finds that the record does not support the sentencing court’s findings.

State v. Ice, Unpublished Decision (3-20-2006) · filed 2006-03-20(G)

Our standard of review is governed by R.C. § 2953.08 (G), which provides: ... After reviewing all of the evidence in this case, we conclude that the trial court's decision to impose a prison term as opposed to community control was not supported by the record given both the faulty rationale provided by the trial court and the testimony given in Ice's defense regarding his amenability to community control.

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

State v. Parrish, Unpublished Decision (8-11-2006) · filed 2006-08-11(G)(2)

Per R.C. 2953.08 (G)(2), our standard of review on appeal is not whether the sentencing court abused its discretion. ... 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 either (1) that the record does not support the sentencing court's findings under the relevant statute, 1 or (2) that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) rules out abuse-of-discretion review of a felony restitution order.

State v. Morgan, Unpublished Decision (8-11-2006) · filed 2006-08-11(G)(2)

However, R.C. 2953.08 (G)(2) ("[t]he appellate court's standard of review is not whether the sentencing court abused its discretion") negates this standard of review.

Section 2953.08(G)(2) permits an appellate court to modify or vacate 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. Johnson, Unpublished Decision (9-22-2006) · filed 2006-09-22(G)(2)

We do not review the trial court's sentence for an abuse of discretion. R.C. 2953.08 (G)(2). Rather, we may increase, reduce, or modify a sentence, or vacate the sentence and remand the matter for resentencing only if we clearly and convincingly find either (1) that the record does not support the sentencing court's findings or (2) that the sentence is otherwise contrary to law. Id.

Section 2953.08(G)(2) permits an appellate court to vacate and remand a sentence only 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. Barger, Unpublished Decision (10-20-2006) · filed 2006-10-20(G)(2)

An appellate court reviewing a sentence imposed by the trial court may "vacate the sentence and remand the matter to the sentencing court for resentencing" 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 and that it is thus, not contrary to law.

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

State v. Cornell, Unpublished Decision (8-11-2006) · filed 2006-08-11(G)(2)(b)

Pursuant to R.C. 2953.08 (G), an appellate court may vacate the sentence and remand the matter to the trial court for resentencing if it "clearly and convincingly finds" that the sentence imposed by the trial court "is contrary to law."

Section 2953.08(G) allows an appellate court to act when it clearly and convincingly finds that a felony sentence is contrary to law.

State v. Vickroy, Unpublished Decision (10-16-2006) · filed 2006-10-16(G)

Thus, even after Foster, "[t]he 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 * * * [t]hat the sentence is otherwise contrary to law." R.C. 2953.08 (G); see, also, State v. Rhodes, Butler App. No. CA2005-10-426, 2006-Ohio-2401 .

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

State v. Sheppard, Unpublished Decision (1-5-2007) · filed 2007-01-05(G)(2)(b)

Under R.C. 2953.08 (G)(2)(b), we may reverse the sentence if we find "clearly and convincingly" that the 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. White, Unpublished Decision (10-13-2006) · filed 2006-10-13(G)(2)(a) and (b)

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). ... We find the court's consideration of the seriousness and recidivism factors to be reasonable and not at all contrary to law.

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

State v. McDade, Unpublished Decision (2-23-2007) · filed 2007-02-23(G)(2)

With regard to the standard of our review, even after Foster , 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 "otherwise contrary to law." R.C. 2953.08 (G)(2).

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

State v. Cockrell, Unpublished Decision (3-26-2007) · filed 2007-03-26(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 "otherwise contrary to law." R.C. 2953.08 (G)(2).

Section 2953.08(G)(2) permits a reviewing court to disturb 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. Tish, 88247 (4-19-2007) · filed 2007-04-19(G)(2)

Even though we apply a de novo standard of review, a sentence will not be disturbed on appeal unless we clearly and convincingly find that the record does not support the sentence or that the sentence is contrary to law.

Section 2953.08(G) applies a clear and convincing standard to felony sentencing appeals after Foster.

State v. Burton, 06ap-690 (4-24-2007) · filed 2007-04-24(G)

Instead, we hold that the clear and convincing standard enunciated in R.C. 2953.08 (G) applies to post- Foster sentencing appeals.

Section 2953.08(G)(2) permits appellate relief when the court clearly and convincingly finds a sentence contrary to law; abuse of discretion is not the standard of review.

State v. Mitchell, 21597 (6-8-2007) · filed 2007-06-08(G)(2)

Because the record does not support a finding that the trial court "manifestly ignored" the requirements of R.C. 2929.11 with respect to the sentences it imposed, we cannot "clearly and convincingly find" that the sentence is contrary to law, R.C. 2953.08 (G)(2). Whether the court abused its discretion in so doing is, as we have said, not subject to our review on appeal.

Section 2953.08(G)(2) permits an appellate court to disturb a criminal sentence when it clearly and convincingly finds the sentence contrary to law.

State v. Young, 21635 (6-22-2007) · filed 2007-06-22(G)(2)

A criminal sentence will not be disturbed on appeal unless the reviewing court finds "clearly and convincingly" that the sentence is contrary to law. R.C. 2953.08 (G)(2).

Section 2953.08(G) requires an appellate court to determine whether a felony sentence is clearly and convincingly contrary to law.

State v. Hudson, 06ap-335 (6-26-2007) · filed 2007-06-26(G)

Instead, we must determine whether appellant's sentence is clearly and convincingly contrary to law.

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

State v. Burkhart, 06ca18 (6-29-2007) · filed 2007-06-29(G)(2)(b)

Instead, an appellate court may reverse or modify a sentence only if the court "clearly and convincingly finds" that a sentence is contrary to law. R.C. 2953.08 (G)(2)(b).

Section 2953.08(G)(2) bars abuse-of-discretion review of a trial court’s application of sentencing factors and permits reversal or modification when the appellate court clearly and convincingly finds the sentence contrary to law.

State v. Hawkins, 06ca79 (7-13-2007) · filed 2007-07-13(G)(2)

On appeal, we may not review error assigned with respect to the court's application of R.C. 2929.11 and 2929.12 for an abuse of discretion. R.C. 2953.08 (G)(2). Instead, an appellate court may reverse or modify a sentence only if the court "clearly and convincingly finds" that a sentence is contrary to law. R.C. 2953.08 (G)(2)(b).

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 it or that it is contrary to law.

State v. Samuels, 88610 (8-2-2007) · filed 2007-08-02(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.

Section 2953.08(G) does not apply to sentencing provisions severed by State v. Foster.

State v. Didion · filed 2007-09-04(G)

Foster clearly provides that R.C. 2953.08(G) no longer applies to the severed portions of the statute, and therefore, trial courts have full discretion to sentence defendants within the statutory ranges.

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

State v. Deering, Unpublished Decision (10-4-2007) · filed 2007-10-04(G)(2)

Although we apply a de novo standard of review, we will not disturb the imposed sentence on appeal unless we clearly and convincingly find that the record does not support the sentence or that the sentence is contrary to law.

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

State v. Dean, 06ap-744 (7-24-2007) · filed 2007-07-24(G)

Thus, "[p]ursuant to R.C. 2953.08 (G), an appellate court may modify a sentence or remand for resentencing if the appellate court clearly and convincingly finds either the record does not support the sentence, or the sentence is contrary to law."

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

State v. Todd, 06ap-1208 (8-23-2007) · filed 2007-08-23(G)

Pursuant to R.C. 2953.08 (G), an appellate court may modify a sentence or remand for resentencing if it clearly and convincingly finds either the record does not support the sentence or the sentence is contrary to law.

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

State v. Vance, 06ap-1016 (8-28-2007) · filed 2007-08-28(G)

Thus, "[p]ursuant to R.C. 2953.08 (G), an appellate court may modify a sentence or remand for resentencing if the appellate court clearly and convincingly finds either the record does not support the sentence, or the sentence is contrary to law."

Section 2953.08(G)(2) remains effective for appellate review of sentencing provisions unaffected by Foster.

State v. Carter, 2006-P-0056 (9-21-2007) · filed 2007-09-21(G)(2)

However, we cannot agree with those courts holding that the appellate sentencing statute, R.C. 2953.08 (G)(2), is entirely dead. ... Foster merely removed its application to the severed sections of the statutory sentencing structure.

Section 2953.08(G)(2)(b) permits an appellate court to reverse or modify a felony sentence as contrary to law only when it clearly and convincingly finds that ground.

State v. Wilson, 2007 Ca 7 (10-5-2007) · filed 2007-10-05(G)(2)(b)

On appeal, we may not review error assigned with respect to the sentencing court's application of R.C. 2929.11 and 2929.12 for an abuse of discretion. R.C. 2953.08 (G)(2). Instead, an appellate court may reverse or modify a sentence only if the court `clearly and convincingly finds' that a sentence is contrary to law. R.C. 2953.08 (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 the sentence or that the sentence is otherwise contrary to law.

State v. Daughenbaugh, 16-07-07 (10-29-2007) · filed 2007-10-29(G)(2)

"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 re-sentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law. Carter , at ¶ 44 citing State v. Comer (2003), 99 Ohio St.3d 463 , 476 , 793 N.E.2d 473 ; R.C. 2953.08 . ... Therefore, we cannot clearly and convincingly find that the record does not support Daughenbaugh's sentence or that the sentence is otherwise contrary to law.

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

State v. Foust, 3-07-11 (10-29-2007) · filed 2007-10-29

"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 re-sentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law. Carter , at ¶ 44 citing State v. Comer (2003), 99 Ohio St.3d 463 , 476 , 793 N.E.2d 473 ; R.C. 2953.08 . ... Therefore, we cannot clearly and convincingly find that the record does not support Foust's sentence or that the sentence is otherwise contrary to law.

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 otherwise contrary to law.

State v. Johnson, Unpublished Decision (11-9-2007) · filed 2007-11-09(G)(2)

With regard to the standard of our review, even after Foster , 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 "otherwise contrary to law." R.C. 2953.08 (G)(2).

Section 2953.08(G)(2)(b) survives Foster for review of legal errors in felony sentences, using a clear and convincing standard.

State v. Gaston, 2006-P-0071 (11-21-2007) · filed 2007-11-21(G)(2)(b)

However, since R.C. 2953.08 (G)(2)(b) does not apply to such factfinding, but instead refers to errors in law, this statute survives with respect to the appellate standard of review of such errors. We therefore apply a clear and convincing standard of appellate review.

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless the record clearly and convincingly shows that it is unsupported or contrary to law.

State v. Goins, Unpublished Decision (11-29-2007) · filed 2007-11-29(G)(2)

Accordingly, we will uphold a sentence on appeal unless it is clear and convincing the record does not support the sentence or it is contrary to law. Id.; R.C. 2953.08 (G)(2).

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

State v. Wheeler, Unpublished Decision (11-30-2007) · filed 2007-11-30(G)(2)

When a defendant appeals a sentence imposed pursuant to R.C. 2953.08 , an appellate court may not disturb that sentence unless it finds by clear and convincing evidence that the sentence is not supported by the record, or is "otherwise contrary to law."

Section 2953.08(G)(2)(b) provides clear-and-convincing review when a felony sentence is challenged as contrary to law.

State v. Lee, 2007-G-2761 (12-14-2007) · filed 2007-12-14(G)(2)(b)

Since R.C. 2953.08 (G)(2)(b) does not apply to such judicial factfinding, but instead refers to errors in law, this statute survives with respect to the appellate standard of review of such errors. Thus, where it is to be argued the trial court's conduct was contrary to law, we are to apply a clear and convincing standard of review.

Section 2953.08(G)(2)(b) provides a clear and convincing standard of review for claims that a felony sentence is contrary to law.

State v. Murray, 2007-L-098 (12-14-2007) · filed 2007-12-14(G)(2)(b)

Since R.C. 2953.08 (G)(2)(b) does not apply to such judicial factfinding, but instead refers to errors in law, this statute survives with respect to the appellate standard of review of such errors. Thus, where it is to be argued the trial court's conduct was contrary to law, we are to apply a clear and convincing standard of review.

Subsection (G) allows an appellate court to review whether a felony sentence is clearly and convincingly contrary to law; after Foster, it remains applicable except as to severed sentencing provisions.

State v. Braun, Unpublished Decision (11-28-2007) · filed 2007-11-28(G)

While the Foster court declared that a sentencing court possesses full discretion in sentencing an offender, the court abrogated R.C. 2953.08 (G), which defines the appellate court's role in sentencing, only "insofar as it applies to the severed sections" of Ohio's statutory sentencing scheme. Foster at ¶ 97-99. Thus, even after Foster , "[t]he 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 * * * [t]hat the sentence is otherwise contrary to law." State v. Vickroy , Hocking App. No. 06CA4, 2006-Ohio-5461 , ¶ 15 , citing R.C. 2953.08 (G); see, also, State v. Rhodes , Butler App. No. CA2005-10-426, 2006-Ohio-2401 .

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

State v. Wood, 07ap-162 (11-29-2007) · filed 2007-11-29(G)

Thus, "[p]ursuant to R.C. 2953.08 (G), an appellate court may modify a sentence or remand for resentencing if the appellate court clearly and convincingly finds either the record does not support the sentence, or the sentence is contrary to law." ... It is with standard in mind that we review appellant's sentence and determine the merits of her third assignment of error.

Section 2953.08(G)(2) allows an appellate court to reverse, modify, or vacate a felony sentence only if it clearly and convincingly finds the sentence contrary to law.

State v. Starkey, 06 Ma 110 (12-14-2007) · filed 2007-12-14(G)(2)

Furthermore, a felony sentence may be reversed, modified, or vacated only if the appellate court clearly and convincingly finds that the sentence is contrary to law. R.C. 2953.08 (G)(2).

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

State v. Estep, 9-07-16 (12-17-2007) · filed 2007-12-17(G)

A meaningful review means "an appellate court hearing an appeal of a felony sentence may modify or vacate the sentence and remand the matter to the trial court for re-sentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law." Daughenbaugh , supra, citing Carter , 2004-Ohio-1181 , at ¶ 44 ; R.C. 2953.08 (G).

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

State v. Wellman, 2006 Ca 42 (12-21-2007) · filed 2007-12-21(G)(2)(b)

And, on appeal, "we may reverse or modify a sentence only if the court `clearly and convincingly finds' that a sentence is contrary to law. R.C. 2953.08 (G)(2)(b).

Section 2953.08 permits an appellate court to modify or vacate a felony sentence and remand 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. Fulk, 15-07-08 (12-26-2007) · filed 2007-12-26

"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 re-sentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law. ... Therefore, we cannot clearly and convincingly find that the record does not support Fulk's sentence or that the sentence is otherwise contrary to law.

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

State v. Roehl, 4-07-10 (1-14-2008) · filed 2008-01-14(G)

A 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 re-sentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law." Daughenbaugh , 2007-Ohio-5774 , at ¶ 8 , citing Carter , 2004-Ohio-1181 , at ¶ 44 ; R.C. 2953.08 (G).

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

State v. Flick, 3-07-18 (1-22-2008) · filed 2008-01-22

"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 re-sentencing, if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law.

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

State v. Rockwood, 2-07-31 (2-25-2008) · filed 2008-02-25(G)

A 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 re-sentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law." Daughenbaugh , 2007-Ohio-5774 , at ¶ 8 , citing Carter , 2004-Ohio-1181 , at ¶ 44 ; R.C. 2953.08 (G).

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

State v. Kozma, 89580 (2-28-2008) · filed 2008-02-28(G)(2)

On appeal, we review a felony sentence de novo. R.C. 2953.08 . In determining whether the trial court erred, we will not disturb the imposed sentence on appeal unless we clearly and convincingly find that the record does not support the sentence or that the sentence is contrary to law.

Section 2953.08(G)(2)(b) survives Foster’s severance and requires clear and convincing review of claims that a sentence is contrary to law.

State v. Greitzer, 2006-P-0090 (12-14-2007) · filed 2007-12-14(G)(2)(b)

However, since R.C. 2953.08 (G)(2)(b) does not apply to such factfinding, but instead refers to errors in law, this statute survives with respect to the appellate standard of review of such errors. Thus, where it is argued the trial court's conduct was contrary to law, we are to apply a clear and convincing standard of appellate review.

Section 2953.08(G)(2) calls for a sentence to be upheld on appeal unless the record does not clearly and convincingly support it or it is contrary to law.

State v. Clay, 89339 (1-31-2008) · filed 2008-01-31(G)(2)

Accordingly, we will uphold a sentence on appeal unless we find the record does not clearly and convincingly support the sentence or the sentence is contrary to law. Id.; R.C. 2953.08 (G)(2).

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 the sentence or that the sentence is contrary to law.

State v. Parmer, 8-07-17 (2-4-2008) · filed 2008-02-04(G)(2)

"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 re-sentencing if the court clearly and convincingly finds that the record does not support the sentence or that the sentence is otherwise contrary to law. ... Therefore, we cannot clearly and convincingly find that the record does not support Parmer's sentence or that the sentence is otherwise contrary to law.