Ohio Rev. Code » Chapter 2953 - Ohio Revised Code | Ohio Laws
Ohio Revised Code

Ohio Rev. Code § 2953.08 (2026)

Appeal as a matter of right - grounds

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
PDF:
Download Authenticated PDF
 

(A) In addition to any other right to appeal and except as provided in division (D) of this section, a defendant who is convicted of or pleads guilty to a felony may appeal as a matter of right the sentence imposed upon the defendant on one of the following grounds:

(1) The sentence consisted of or included the maximum definite prison term allowed for the offense by division (A) of section 2929.14 or section 2929.142 of the Revised Code or, with respect to a non-life felony indefinite prison term, the longest minimum prison term allowed for the offense by division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code, the maximum definite prison term or longest minimum prison term was not required for the offense pursuant to Chapter 2925. or any other provision of the Revised Code, and the court imposed the sentence under one of the following circumstances:

(a) The sentence was imposed for only one offense.

(b) The sentence was imposed for two or more offenses arising out of a single incident, and the court imposed the maximum definite prison term or longest minimum prison term for the offense of the highest degree.

(2) The sentence consisted of or included a prison term and the offense for which it was imposed is a felony of the fourth or fifth degree or is a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and that is specified as being subject to division (B) of section 2929.13 of the Revised Code for purposes of sentencing. If the court specifies that it found one or more of the factors in division (B)(1)(b) of section 2929.13 of the Revised Code to apply relative to the defendant, the defendant is not entitled under this division to appeal as a matter of right the sentence imposed upon the offender.

(3) The person was convicted of or pleaded guilty to a violent sex offense or a designated homicide, assault, or kidnapping offense, was adjudicated a sexually violent predator in relation to that offense, and was sentenced pursuant to division (A)(3) of section 2971.03 of the Revised Code, if the minimum term of the indefinite term imposed pursuant to division (A)(3) of section 2971.03 of the Revised Code is the longest term available for the offense from among the range of definite terms listed in section 2929.14 of the Revised Code or, with respect to a non-life felony indefinite prison term, the longest minimum prison term allowed for the offense by division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code. As used in this division, "designated homicide, assault, or kidnapping offense" and "violent sex offense" have the same meanings as in section 2971.01 of the Revised Code. As used in this division, "adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section.

(4) The sentence is contrary to law.

(5) The sentence consisted of an additional prison term of ten years imposed pursuant to division (B)(2)(a) of section 2929.14 of the Revised Code.

(B) In addition to any other right to appeal and except as provided in division (D) of this section, a prosecuting attorney, a city director of law, village solicitor, or similar chief legal officer of a municipal corporation, or the attorney general, if one of those persons prosecuted the case, may appeal as a matter of right a sentence imposed upon a defendant who is convicted of or pleads guilty to a felony or, in the circumstances described in division (B)(3) of this section the modification of a sentence imposed upon such a defendant, on any of the following grounds:

(1) The sentence did not include a prison term despite a presumption favoring a prison term for the offense for which it was imposed, as set forth in section 2929.13 or Chapter 2925. of the Revised Code.

(2) The sentence is contrary to law.

(3) The sentence is a modification under section 2929.20 of the Revised Code of a sentence that was imposed for a felony of the first or second degree.

(C)(1) In addition to the right to appeal a sentence granted under division (A) or (B) of this section, a defendant who is convicted of or pleads guilty to a felony may seek leave to appeal a sentence imposed upon the defendant on the basis that the sentencing judge has imposed consecutive sentences under division (C)(3) of section 2929.14 of the Revised Code and that the consecutive sentences exceed the maximum definite prison term allowed by division (A) of that section for the most serious offense of which the defendant was convicted or, with respect to a non-life felony indefinite prison term, exceed the longest minimum prison term allowed by division (A)(1)(a) or (2)(a) of that section for the most serious such offense. Upon the filing of a motion under this division, the court of appeals may grant leave to appeal the sentence if the court determines that the allegation included as the basis of the motion is true.

(2) A defendant may seek leave to appeal an additional sentence imposed upon the defendant pursuant to division (B)(2)(a) or (b) of section 2929.14 of the Revised Code if the additional sentence is for a definite prison term that is longer than five years.

(D)(1) A sentence imposed upon a defendant is not subject to review under this section if the sentence is authorized by law, has been recommended jointly by the defendant and the prosecution in the case, and is imposed by a sentencing judge.

(2) Except as provided in division (C)(2) of this section, a sentence imposed upon a defendant is not subject to review under this section if the sentence is imposed pursuant to division (B)(2)(b) of section 2929.14 of the Revised Code. Except as otherwise provided in this division, a defendant retains all rights to appeal as provided under this chapter or any other provision of the Revised Code. A defendant has the right to appeal under this chapter or any other provision of the Revised Code the court's application of division (B)(2)(c) of section 2929.14 of the Revised Code.

(3) A sentence imposed for aggravated murder or murder pursuant to sections 2929.02 to 2929.06 of the Revised Code is not subject to review under this section.

(E) A defendant, prosecuting attorney, city director of law, village solicitor, or chief municipal legal officer shall file an appeal of a sentence under this section to a court of appeals within the time limits specified in Rule 4(B) of the Rules of Appellate Procedure, provided that if the appeal is pursuant to division (B)(3) of this section, the time limits specified in that rule shall not commence running until the court grants the motion that makes the sentence modification in question. A sentence appeal under this section shall be consolidated with any other appeal in the case. If no other appeal is filed, the court of appeals may review only the portions of the trial record that pertain to sentencing.

(F) On the appeal of a sentence under this section, the record to be reviewed shall include all of the following, as applicable:

(1) Any presentence, psychiatric, or other investigative report that was submitted to the court in writing before the sentence was imposed. An appellate court that reviews a presentence investigation report prepared pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in connection with the appeal of a sentence under this section shall comply with division (D)(3) of section 2951.03 of the Revised Code when the appellate court is not using the presentence investigation report, and the appellate court's use of a presentence investigation report of that nature in connection with the appeal of a sentence under this section does not affect the otherwise confidential character of the contents of that report as described in division (D)(1) of section 2951.03 of the Revised Code and does not cause that report to become a public record, as defined in section 149.43 of the Revised Code, following the appellate court's use of the report.

(2) The trial record in the case in which the sentence was imposed;

(3) Any oral or written statements made to or by the court at the sentencing hearing at which the sentence was imposed;

(4) Any written findings that the court was required to make in connection with the modification of the sentence pursuant to a judicial release under division (I) of section 2929.20 of the Revised Code.

(G)(1) If the sentencing court was required to make the findings required by division (B) or (D) of section 2929.13 or division (I) of section 2929.20 of the Revised Code, or to state the findings of the trier of fact required by division (B)(2)(e) of section 2929.14 of the Revised Code, relative to the imposition or modification of the sentence, and if the sentencing court failed to state the required findings on the record, the court hearing an appeal under division (A), (B), or (C) of this section shall remand the case to the sentencing court and instruct the sentencing court to state, on the record, the required findings.

(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 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:

(a) That the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant;

(b) That the sentence is otherwise contrary to law.

(H) A judgment or final order of a court of appeals under this section may be appealed, by leave of court, to the supreme court.

(I) As used in this section, "non-life felony indefinite prison term" has the same meaning as in section 2929.01 of the Revised Code.
Notes of Decisions
Cited in 5,085 cases (2,200 in the last 5 years), 1997–2026 · leading case: State v. Jones (Slip Opinion), 2020 Ohio 6729 (Ohio 2020).
Sort: Relevance Newest Treatment
State v. Jones (Slip Opinion), 2020 Ohio 6729 (Ohio 2020). · cites it 58× “{¶ 12} The Eighth District’s en banc decision in Jones III focused on R.C. 2953.08. In relevant part, R.C. 2953.”
State v. Gwynne, 2023 Ohio 3851 (Ohio 2023). · cites it 73× “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 11} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). · cites it 90× “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Underwood, 2010 Ohio 1 (Ohio 2010). · cites it 71× “For ease of discussion, we will refer to the current version of R.C. 2953.08. 2 January Term, 2010 {¶ 4} On the day of trial, Underwood entered pleas of no contest to the four counts.”
State v. Gwynne (Slip Opinion), 2019 Ohio 4761 (Ohio 2019). · cites it 62× “{¶ 40} In reaching that decision, this court described the history of R.C. 2953.08, the history of appellate review of felony sentences, and how the lead opinion in Kalish fit within the historical context.”
State v. Gwynne, 2022 Ohio 4607 (Ohio 2022). · cites it 58× “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 52} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). · cites it 116× “der the Eighth and Fourteenth Amendments to the United States Constitution and the federal provisions’ counterparts under the Ohio Constitution because the statutory provision denies appellate review to offenders, like Grevious, with noncapital sentences for aggravated murder…”
State v. Marcum (Slip Opinion), 2016 Ohio 1002 (Ohio 2016). · cites it 19× “{¶ 18} Marcum begins with the first sentence of R.C.”
State v. Bryant, 2022 Ohio 1878 (Ohio 2022). · cites it 27× “Based on the history of the amendments to R.C. 2953.08, this court held that R.C. 2953.”
State v. Toles (Slip Opinion), 2021 Ohio 3531 (Ohio 2021). · cites it 30× “This Court reversed, finding that although R.C. 2953.08 once authorized appellate courts to vacate or modify a sentence based on the fact that “the record does not support the sentence,” or that the sentence was “otherwise contrary to law,” the provision permitting a general…”
State v. Roberts, 2017 Ohio 9014 (Ohio Ct. App. 2017). · cites it 58× “If the legislature took issue with the court’s interpretation of R.C. 2953.08 over the years, the statute could have been amended.”
State v. Rodeffer, 2013 Ohio 5759 (Ohio Ct. App. 2013). · cites it 41× “2-13-02, 2013-Ohio-3076, ¶ 14 (the court applied R.C. 2953.08 after Kalish); State v. Worth, 10th Dist.”
Show all 5,085 citing cases →
— Ohio Rev. Code § 2953.08(0)(3) — 1 case
Keontae Nelson v. Bill Cool, Warden, Ross Corr. Inst. (S.D. Ohio 2025).
— Ohio Rev. Code § 2953.08(4) — 1 case
State v. Kozic, 2016 Ohio 8556 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2953.08(A) — 174 cases
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Marcum (Slip Opinion), 2016 Ohio 1002 (Ohio 2016). “{¶ 18} Marcum begins with the first sentence of R.C.”
State v. Underwood, 2010 Ohio 1 (Ohio 2010). “For ease of discussion, we will refer to the current version of R.C. 2953.08. 2 January Term, 2010 {¶ 4} On the day of trial, Underwood entered pleas of no contest to the four counts.”
State v. Gwynne (Slip Opinion), 2019 Ohio 4761 (Ohio 2019). “{¶ 40} In reaching that decision, this court described the history of R.C. 2953.08, the history of appellate review of felony sentences, and how the lead opinion in Kalish fit within the historical context.”
State v. Rodeffer, 2013 Ohio 5759 (Ohio Ct. App. 2013). “2-13-02, 2013-Ohio-3076, ¶ 14 (the court applied R.C. 2953.08 after Kalish); State v. Worth, 10th Dist.”
— Ohio Rev. Code § 2953.08(A)(1) — 57 cases
State v. Pawlak, 2016 Ohio 5926 (Ohio Ct. App. 2016).
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Mathis, 846 N.E.2d 1 (Ohio 2006).
State v. Saxon, 109 Ohio St. 3d 176 (Ohio 2006).
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). “der the Eighth and Fourteenth Amendments to the United States Constitution and the federal provisions’ counterparts under the Ohio Constitution because the statutory provision denies appellate review to offenders, like Grevious, with noncapital sentences for aggravated murder…”
— Ohio Rev. Code § 2953.08(A)(1)(A) — 1 case
State v. Thompson, 2010 Ohio 3278 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 2953.08(A)(1)(a) — 17 cases
State v. Saxon, 109 Ohio St. 3d 176 (Ohio 2006).
State v. Brill, 2023 Ohio 404 (Ohio Ct. App. 2023).
State v. Weaver, 751 N.E.2d 1096 (Ohio Ct. App. 2001).
State v. Baker, 787 N.E.2d 17 (Ohio Ct. App. 2002).
State v. Moore, 756 N.E.2d 686 (Ohio Ct. App. 2001).
— Ohio Rev. Code § 2953.08(A)(1)(b) — 12 cases
State v. Saxon, 109 Ohio St. 3d 176 (Ohio 2006).
State v. Webb, 2019 Ohio 4195 (Ohio Ct. App. 2019).
State v. Scheer, 816 N.E.2d 602 (Ohio Ct. App. 2004).
State v. Swonger, 2019 Ohio 4606 (Ohio Ct. App. 2019).
State v. Akins-Daniels, 2016 Ohio 7048 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2953.08(A)(2) — 23 cases
State v. Beasley, 731 N.E.2d 1223 (Ohio Ct. App. 1999).
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Edmonson, 715 N.E.2d 131 (Ohio 1999).
State v. Edmonson, 1999 Ohio 110 (Ohio 1999).
State v. Jones, 2019 Ohio 1772 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2953.08(A)(3) — 3 cases
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). “der the Eighth and Fourteenth Amendments to the United States Constitution and the federal provisions’ counterparts under the Ohio Constitution because the statutory provision denies appellate review to offenders, like Grevious, with noncapital sentences for aggravated murder…”
State v. Thomas, 2021 Ohio 3175 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2953.08(A)(4) — 179 cases
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Fischer, 2010 Ohio 6238 (Ohio 2010).
State v. Underwood, 2010 Ohio 1 (Ohio 2010). “For ease of discussion, we will refer to the current version of R.C. 2953.08. 2 January Term, 2010 {¶ 4} On the day of trial, Underwood entered pleas of no contest to the four counts.”
State v. Jones (Slip Opinion), 2020 Ohio 6729 (Ohio 2020). “{¶ 12} The Eighth District’s en banc decision in Jones III focused on R.C. 2953.08. In relevant part, R.C. 2953.”
State v. Wilson, 2011 Ohio 2669 (Ohio 2011).
— Ohio Rev. Code § 2953.08(A)(5) — 4 cases
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). “der the Eighth and Fourteenth Amendments to the United States Constitution and the federal provisions’ counterparts under the Ohio Constitution because the statutory provision denies appellate review to offenders, like Grevious, with noncapital sentences for aggravated murder…”
State v. Campbell, 2016 Ohio 7613 (Ohio Ct. App. 2016).
State v. Lauharn, 2011 Ohio 4292 (Ohio Ct. App. 2011).
State v. Dixon, 2018 Ohio 4138 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2953.08(B) — 30 cases
State v. Rodeffer, 2013 Ohio 5759 (Ohio Ct. App. 2013). “2-13-02, 2013-Ohio-3076, ¶ 14 (the court applied R.C. 2953.08 after Kalish); State v. Worth, 10th Dist.”
State v. Nichter, 2016 Ohio 7268 (Ohio Ct. App. 2016).
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Cunningham, 113 Ohio St. 3d 108 (Ohio 2007).
State v. Nichter, 2019 Ohio 279 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2953.08(B)(1) — 8 cases
State v. Mathis, 846 N.E.2d 1 (Ohio 2006).
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). “der the Eighth and Fourteenth Amendments to the United States Constitution and the federal provisions’ counterparts under the Ohio Constitution because the statutory provision denies appellate review to offenders, like Grevious, with noncapital sentences for aggravated murder…”
State v. Jama, 939 N.E.2d 1309 (Ohio Ct. App. 2010).
State v. Sherman, 2012 Ohio 3958 (Ohio Ct. App. 2012).
State v. Hamad, 2019 Ohio 2394 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2953.08(B)(1)(a) — 1 case
State v. Beasley, 731 N.E.2d 1223 (Ohio Ct. App. 1999).
— Ohio Rev. Code § 2953.08(B)(2) — 68 cases
State v. Simpkins, 117 Ohio St. 3d 420 (Ohio 2008).
State v. Williams (Slip Opinion), 2016 Ohio 7658 (Ohio 2016).
State v. Fischer, 2010 Ohio 6238 (Ohio 2010).
State v. Underwood, 2010 Ohio 1 (Ohio 2010). “For ease of discussion, we will refer to the current version of R.C. 2953.08. 2 January Term, 2010 {¶ 4} On the day of trial, Underwood entered pleas of no contest to the four counts.”
State v. Cunningham, 113 Ohio St. 3d 108 (Ohio 2007).
— Ohio Rev. Code § 2953.08(B)(3) — 27 cases
State v. Sykes, 2018 Ohio 4774 (Ohio Ct. App. 2018).
State v. Cunningham, 113 Ohio St. 3d 108 (Ohio 2007).
State v. Nichter, 2016 Ohio 7268 (Ohio Ct. App. 2016).
State v. Nichter, 2019 Ohio 279 (Ohio Ct. App. 2019).
State v. Belcher, 2017 Ohio 6943 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2953.08(C) — 34 cases
State v. Saxon, 109 Ohio St. 3d 176 (Ohio 2006).
State v. Albert, 705 N.E.2d 1274 (Ohio Ct. App. 1997).
State v. Mathis, 846 N.E.2d 1 (Ohio 2006).
State v. Howard, 2013 Ohio 2884 (Ohio Ct. App. 2013).
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
— Ohio Rev. Code § 2953.08(C)(1) — 21 cases
State v. Morgan, 2014 Ohio 5661 (Ohio Ct. App. 2014).
State v. Wardlow, 2014 Ohio 5740 (Ohio Ct. App. 2014).
State v. Chavez, 2013 Ohio 4700 (Ohio Ct. App. 2013).
State v. Graham, 2014 Ohio 4250 (Ohio Ct. App. 2014).
State v. Scott, 2014 Ohio 2993 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2953.08(C)(2) — 3 cases
State v. Martin, 2025 Ohio 744 (Ohio Ct. App. 2025).
State v. Cragwell, 2025 Ohio 2211 (Ohio Ct. App. 2025).
State v. Hall, 2026 Ohio 1042 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2953.08(C)(2)(a) — 1 case
State v. Akins, 2024 Ohio 1491 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2953.08(C)(3) — 2 cases
State v. Austin, 2019 Ohio 1185 (Ohio Ct. App. 2019).
State v. Morgan, 2014 Ohio 5661 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2953.08(D) — 149 cases
State v. Porterfield, 829 N.E.2d 690 (Ohio 2005).
State v. Underwood, 2010 Ohio 1 (Ohio 2010). “For ease of discussion, we will refer to the current version of R.C. 2953.08. 2 January Term, 2010 {¶ 4} On the day of trial, Underwood entered pleas of no contest to the four counts.”
State v. Sergent (Slip Opinion), 2016 Ohio 2696 (Ohio 2016).
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Mathis, 846 N.E.2d 1 (Ohio 2006).
— Ohio Rev. Code § 2953.08(D)(1) — 386 cases
State v. Underwood, 2010 Ohio 1 (Ohio 2010). “For ease of discussion, we will refer to the current version of R.C. 2953.08. 2 January Term, 2010 {¶ 4} On the day of trial, Underwood entered pleas of no contest to the four counts.”
State v. Sergent (Slip Opinion), 2016 Ohio 2696 (Ohio 2016).
State v. Lee, 2018 Ohio 1839 (Ohio Ct. App. 2018).
State v. Williams, 2020 Ohio 4467 (Ohio Ct. App. 2020).
State v. Straley (Slip Opinion), 2019 Ohio 5206 (Ohio 2019).
— Ohio Rev. Code § 2953.08(D)(11) — 3 cases
State v. Tellis, 2023 Ohio 1715 (Ohio Ct. App. 2023).
State v. Watts, 2025 Ohio 305 (Ohio Ct. App. 2025).
State v. Rollins, 2026 Ohio 623 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2953.08(D)(3) — 83 cases
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Grevious, 2022 Ohio 4361 (Ohio 2022). “der the Eighth and Fourteenth Amendments to the United States Constitution and the federal provisions’ counterparts under the Ohio Constitution because the statutory provision denies appellate review to offenders, like Grevious, with noncapital sentences for aggravated murder…”
State v. Nitsche, 2016 Ohio 3170 (Ohio Ct. App. 2016).
State v. Morris, 2021 Ohio 2646 (Ohio Ct. App. 2021).
State v. Austin, 2019 Ohio 1185 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2953.08(D)(4) — 1 case
State v. Stumph, 2021 Ohio 723 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2953.08(D)(I) — 1 case
State v. Triplett, 2011 Ohio 4628 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2953.08(D)(l) — 1 case
State v. Underwood, 2010 Ohio 1 (Ohio 2010). “For ease of discussion, we will refer to the current version of R.C. 2953.08. 2 January Term, 2010 {¶ 4} On the day of trial, Underwood entered pleas of no contest to the four counts.”
— Ohio Rev. Code § 2953.08(E) — 10 cases
State v. Williams (Slip Opinion), 2016 Ohio 7658 (Ohio 2016).
State v. Holdcroft, 2013 Ohio 5014 (Ohio 2013).
In re J.S., 2013 Ohio 1721 (Ohio 2013).
State v. Patrick (Slip Opinion), 2020 Ohio 6803 (Ohio 2020). “08(D)(3) does not preclude an appellate court from considering the constitutionality of an aggravated-murder sentence imposed on a juvenile offender tried as an adult {¶ 12} R.C. 2953.08 was enacted in 1996 as part of Am.”
State v. Baker, 787 N.E.2d 17 (Ohio Ct. App. 2002).
— Ohio Rev. Code § 2953.08(F) — 124 cases
State v. Toles (Slip Opinion), 2021 Ohio 3531 (Ohio 2021). “This Court reversed, finding that although R.C. 2953.08 once authorized appellate courts to vacate or modify a sentence based on the fact that “the record does not support the sentence,” or that the sentence was “otherwise contrary to law,” the provision permitting a general…”
State v. Foster, 845 N.E.2d 470 (Ohio 2006).
State v. Gwynne, 2023 Ohio 3851 (Ohio 2023). “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 11} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
State v. Bryant, 2022 Ohio 1878 (Ohio 2022). “Based on the history of the amendments to R.C. 2953.08, this court held that R.C. 2953.”
State v. Gwynne, 2022 Ohio 4607 (Ohio 2022). “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 52} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
— Ohio Rev. Code § 2953.08(F)(1) — 93 cases
State v. Gwynne, 2023 Ohio 3851 (Ohio 2023). “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 11} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
State v. Bryant, 2022 Ohio 1878 (Ohio 2022). “Based on the history of the amendments to R.C. 2953.08, this court held that R.C. 2953.”
State v. Gwynne, 2022 Ohio 4607 (Ohio 2022). “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 52} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
State v. Roberts, 2017 Ohio 9014 (Ohio Ct. App. 2017). “If the legislature took issue with the court’s interpretation of R.C. 2953.08 over the years, the statute could have been amended.”
State v. Jones, 2024 Ohio 1083 (Ohio 2024).
— Ohio Rev. Code § 2953.08(F)(2) — 3 cases
State v. Napier, 2024 Ohio 1837 (Ohio Ct. App. 2024).
State v. Willis, 2024 Ohio 2210 (Ohio Ct. App. 2024).
State v. Van Tielen, 2014 Ohio 4421 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2953.08(F)(3) — 9 cases
State v. Washington, 2013 Ohio 4982 (Ohio 2013).
State v. Washington, 137 Ohio St. 3d 427 (Ohio 2013).
State v. Martin, 736 N.E.2d 907 (Ohio Ct. App. 1999).
State v. Jones, 2013 Ohio 5915 (Ohio Ct. App. 2013).
State v. Helms, 2013 Ohio 5530 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2953.08(G) — 661 cases
State v. Jones (Slip Opinion), 2020 Ohio 6729 (Ohio 2020). “{¶ 12} The Eighth District’s en banc decision in Jones III focused on R.C. 2953.08. In relevant part, R.C. 2953.”
State v. Gwynne (Slip Opinion), 2019 Ohio 4761 (Ohio 2019). “{¶ 40} In reaching that decision, this court described the history of R.C. 2953.08, the history of appellate review of felony sentences, and how the lead opinion in Kalish fit within the historical context.”
State v. Gwynne, 2023 Ohio 3851 (Ohio 2023). “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 11} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
State v. Marcum (Slip Opinion), 2016 Ohio 1002 (Ohio 2016). “{¶ 18} Marcum begins with the first sentence of R.C.”
State v. Foster, 845 N.E.2d 470 (Ohio 2006).
— Ohio Rev. Code § 2953.08(G)(1) — 75 cases
State v. Mathis, 846 N.E.2d 1 (Ohio 2006).
State v. Jones (Slip Opinion), 2020 Ohio 6729 (Ohio 2020). “{¶ 12} The Eighth District’s en banc decision in Jones III focused on R.C. 2953.08. In relevant part, R.C. 2953.”
State v. Foster, 845 N.E.2d 470 (Ohio 2006).
State v. Bryant, 2022 Ohio 1878 (Ohio 2022). “Based on the history of the amendments to R.C. 2953.08, this court held that R.C. 2953.”
State v. Oller, 2017 Ohio 814 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2953.08(G)(1)(a) — 14 cases
State v. Beasley, 108 N.E.3d 1028 (Ohio 2018).
State v. Mushrush, 733 N.E.2d 252 (Ohio Ct. App. 1999).
State v. Gary, 750 N.E.2d 640 (Ohio Ct. App. 2001).
State v. Garcia, 710 N.E.2d 783 (Ohio Ct. App. 1998).
State v. Avery, 709 N.E.2d 875 (Ohio Ct. App. 1998).
— Ohio Rev. Code § 2953.08(G)(1)(b) — 5 cases
State v. Edmonson, 715 N.E.2d 131 (Ohio 1999).
State v. Edmonson, 1999 Ohio 110 (Ohio 1999).
State v. Kawaguchi, 739 N.E.2d 392 (Ohio Ct. App. 2000).
State v. Ward, 732 N.E.2d 1055 (Ohio Ct. App. 1999).
State v. Beasley, 731 N.E.2d 1223 (Ohio Ct. App. 1999).
— Ohio Rev. Code § 2953.08(G)(1)(c) — 1 case
State v. Sherman, 2012 Ohio 3958 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2953.08(G)(1)(d) — 1 case
State v. McLemore, 737 N.E.2d 125 (Ohio Ct. App. 2000).
— Ohio Rev. Code § 2953.08(G)(2) — 3707 cases
State v. Gwynne, 2023 Ohio 3851 (Ohio 2023). “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 11} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
State v. Gwynne, 2022 Ohio 4607 (Ohio 2022). “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 52} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
State v. Gwynne (Slip Opinion), 2019 Ohio 4761 (Ohio 2019). “{¶ 40} In reaching that decision, this court described the history of R.C. 2953.08, the history of appellate review of felony sentences, and how the lead opinion in Kalish fit within the historical context.”
State v. Marcum (Slip Opinion), 2016 Ohio 1002 (Ohio 2016). “{¶ 18} Marcum begins with the first sentence of R.C.”
State v. Jones (Slip Opinion), 2020 Ohio 6729 (Ohio 2020). “{¶ 12} The Eighth District’s en banc decision in Jones III focused on R.C. 2953.08. In relevant part, R.C. 2953.”
— Ohio Rev. Code § 2953.08(G)(2)(A) — 5 cases
State v. Sallis, 2020 Ohio 3924 (Ohio Ct. App. 2020).
State v. Davis, 2025 Ohio 421 (Ohio Ct. App. 2025).
State v. Mason (Ohio Ct. App. 2026).
State v. Parsons, 2025 Ohio 1324 (Ohio Ct. App. 2025).
State v. Fisher, 2025 Ohio 4412 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2953.08(G)(2)(B) — 4 cases
State v. Boone, 2024 Ohio 6116 (Ohio Ct. App. 2024).
State v. Peoples, 2025 Ohio 1016 (Ohio Ct. App. 2025).
State v. Davis, 2025 Ohio 421 (Ohio Ct. App. 2025).
State v. Fisher, 2025 Ohio 4412 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2953.08(G)(2)(a) — 841 cases
State v. Jones (Slip Opinion), 2020 Ohio 6729 (Ohio 2020). “{¶ 12} The Eighth District’s en banc decision in Jones III focused on R.C. 2953.08. In relevant part, R.C. 2953.”
State v. Gwynne (Slip Opinion), 2019 Ohio 4761 (Ohio 2019). “{¶ 40} In reaching that decision, this court described the history of R.C. 2953.08, the history of appellate review of felony sentences, and how the lead opinion in Kalish fit within the historical context.”
State v. Gwynne, 2023 Ohio 3851 (Ohio 2023). “08(G)(2) is unambiguous and provides appellate courts with limited authority to review consecutive sentences {¶ 11} Appellate review of criminal sentences is governed by R.C. 2953.08. This court has recognized that “[o]rdinarily, appellate courts defer to trial courts’ broad…”
State v. Glover, 2024 Ohio 5195 (Ohio 2024).
State v. Orzechowski, 2021 Ohio 985 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2953.08(G)(2)(a)(b) — 1 case
State v. Beverly, 2016 Ohio 8078 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2953.08(G)(2)(b) — 704 cases
State v. Jones (Slip Opinion), 2020 Ohio 6729 (Ohio 2020). “{¶ 12} The Eighth District’s en banc decision in Jones III focused on R.C. 2953.08. In relevant part, R.C. 2953.”
State v. Bryant, 2022 Ohio 1878 (Ohio 2022). “Based on the history of the amendments to R.C. 2953.08, this court held that R.C. 2953.”
State v. Gwynne (Slip Opinion), 2019 Ohio 4761 (Ohio 2019). “{¶ 40} In reaching that decision, this court described the history of R.C. 2953.08, the history of appellate review of felony sentences, and how the lead opinion in Kalish fit within the historical context.”
State v. Fischer, 2010 Ohio 6238 (Ohio 2010).
State v. Orzechowski, 2021 Ohio 985 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2953.08(G)(3)(b) — 1 case
State v. Penn, 2021 Ohio 1761 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2953.08(G)(4) — 5 cases
State v. Jones (Slip Opinion), 2020 Ohio 6729 (Ohio 2020). “{¶ 12} The Eighth District’s en banc decision in Jones III focused on R.C. 2953.08. In relevant part, R.C. 2953.”
State v. Bryant, 2022 Ohio 1878 (Ohio 2022). “Based on the history of the amendments to R.C. 2953.08, this court held that R.C. 2953.”
State v. Orzechowski, 2021 Ohio 985 (Ohio Ct. App. 2021).
State v. Cardwell, 2016 Ohio 5591 (Ohio Ct. App. 2016).
State v. Good, 2022 Ohio 1981 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2953.08(G)(C)(4) — 1 case
State v. Correa, 2015 Ohio 3955 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2953.08(a)(2) — 1 case
State v. Baker, 787 N.E.2d 17 (Ohio Ct. App. 2002).
— Ohio Rev. Code § 2953.08(g) — 1 case
State v. Hughes, 2021 Ohio 2764 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2953.08(g)(2) — 2 cases
State v. Thompson, 2021 Ohio 4027 (Ohio Ct. App. 2021).
State v. Contes, 2024 Ohio 2580 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2953.08(g)(2)(b) — 1 case
State v. El-Amin, 2021 Ohio 4342 (Ohio Ct. App. 2021).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.