State v. Jones (Slip Opinion)

Summary

The Supreme Court of Ohio held that R.C. 2953.08(G)(2) gives an appellate court no authority to modify or vacate a felony sentence on the ground that the record does not support the sentencing court's findings or considerations under R.C. 2929.11 and 2929.12: division (G)(2)(a) reaches only findings under specifically enumerated statutes that exclude R.C. 2929.11 and 2929.12, the passages of State v. Marcum relied on below were dicta, and 'otherwise contrary to law' under (G)(2)(b) does not encompass record-support determinations, as the statute's 1995 enactment and 2000 amendment history confirm. Because the Eighth District's en banc lead opinion and its merits panel instead independently reweighed the evidence and substituted their judgment for the trial court's, the court reversed their judgments and reinstated the Joneses' ten-year involuntary-manslaughter sentences. Justice Kennedy concurred because the majority adopted his State v. Gwynne position that Marcum's ¶ 23 statement is nonbinding dictum; Justice Fischer concurred, stressing that some grounds for finding a sentence 'otherwise contrary to law' remain; Justice Donnelly dissented, contending the decision forecloses meaningful appellate review of compliance with the sentencing statutes.