State v. Mattes, 2008-P-0022 (9-26-2008)

{¶ 18} As noted in my concurrence in State v. Limbeck, 11th Dist. No. 2007-T-0068, 2008-Ohio-3255, at ¶ 28, I believe the standards set forth in the sentencing review statute, R.C. 2953.08(G) remain applicable to most sentencing appeals post-Foster the appellate court should make a de novo review of the record, and determine whether, "clearly and convincingly," that the record fails to support any factual findings still required post-Foster, R.C. 2953.08(G)(2)(a); or, "[t]hat the sentence is otherwise contrary to law." R.C. 2953.08(G)(2)(b). Many of Ohio's appellate districts continue to…