Ohio § 2953.08

§ 2953.08.

(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 .