State v. Burks

Citations

• 2021 Ohio 224

Syllabus

Appellant appeals the maximum, consecutive sentences imposed by the trial court. R.C. 2953.08(G)(2)(a) does not provide a basis for an appellate court to modify or vacate a felony sentence based upon a finding by clear and convincing evidence that the record does not support the sentence under R.C. 2929.11 and R.C. 2929.12. Moreover, R.C. 2953.08(G)(2)(b) does not provide a mechanism for an appellate court to modify or vacate a felony sentence based upon a finding that the sentence is contrary to law because it is clearly and convincingly not supported by the record under R.C. 2929.11 and R.C. 2929.12. State v. Jones, Ohio Slip Opinion No. 2020-Ohio-6729, __ N.E.3d __. Finally, we cannot conclude by clear and convincing evidence that the consecutive sentence findings were not supported by the record. Judgment affirmed.