State v. Kalish

{¶ 43} I respectfully dissent. The standard of appellate review of felony sentences remains unchanged by State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. In reviewing any felony sentence, an appellate court must determine whether the record clearly and convincingly demonstrates that the sentence is contrary to law. R.C. 2953.08(G)(2).

{¶ 44} Before considering the plurality’s new interpretation of Foster’s effect on sentencing appeals, it is important to look at the governing statute. To justify its holding, the plurality interprets a statute to mean the opposite of what it…