146 Ohio St. 3d 220
Decided May 17, 2016
Ohio Supreme Court · decided 2016-05-17
Cited by 13 later decisions — most recently June 2021
13 state decisions
Key passage — most relied on by later courts
“increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law or (2) unsupported by the record.”
quoted by 6 later decisions, including State v. Ervin, State v. Rucker
Relies on State v. Marcum (Slip Opinion)
Good law ✅— No negative treatment on recordhow we know
Decided 2016-05-17
View the full empirical analysis of this case →
¶1{¶ 1} In State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, we held that R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence only when it clearly and convincingly finds that the sentence is (1) contrary to law or (2) unsupported by the record. Id. at ¶ 7.
¶2{¶ 2} The judgment of the court of appeals in the instant case is reversed, and the cause is remanded to the court of appeals for application of Marcum.