State v. Benedict

Citations

• 2021 Ohio 966

Syllabus

Following his guilty plea to failure to comply with an order or signal of a police officer, the trial court sentenced appellant to the maximum 36-month prison term. A trial court's alleged failure to properly consider appellant's remorse is not a basis upon which an appellate court may modify or vacate a felony sentence. Further, under R.C. 2953.08(G)(2)(a), an appellate court cannot modify or vacate a felony sentence because the trial court's findings are not supported by R.C. 2929.11 and R.C. 2929.12. Finally, R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or vacate a sentence based upon the conclusion the sentence is contrary to law because it is not supported by the record under R.C. 2929.11 and R.C. 2929.12. Judgment affirmed. (Donovan, J., concurring.)