Volume 162 — Ohio State Reports, Third Series

Criminal law—R.C. 2950.04—Constitutional law—Due process—Right to a jury trial—Failure to register as a sex offender following a delinquency adjudication—Statute does not use an adjudication of delinquency to enhance a sentence—Juvenile adjudication is not an element of the offense—Failure-to-report offense is a violation of a court order—Conviction does not violate right to a jury or to due process.

Criminal law—Statutory interpretation—Rule of lenity—Unlawful sexual conduct with a minor—Sentencing enhancement in R.C. 2907.04(B)(4) for previous qualifying conviction requires that the defendant had the qualifying conviction when he committed the charged offense—Court of appeals' judgment reversed.

Habeas corpus—Inmate had adequate remedy in ordinary course of law to raise alleged sentencing error—Court of appeals' dismissal of petition affirmed.

Mandamus—Inmate's request for judicial release does not state a valid claim for a writ of mandamus—Court of appeals' dismissal of complaint affirmed.

Mandamus—Civil-service law—R.C. 124.44 and 124.37—Police officers' retirements did not create vacancies that needed to be filled under R.C. 124.44 because city had passed authorized-strength ordinance abolishing their positions upon their retirement—R.C. 124.37 does not require demotion or layoff whenever a reduction of authorized strength of a police force has been enacted—Court of appeals' dismissal of petition affirmed.

Workers' compensation—Industrial Commission properly authorizes medical services if (1) the services are reasonably related to an allowed condition, (2) the services are reasonably necessary for treatment of an allowed condition, and (3) the cost of the services is medically reasonable—Court of appeals' judgment affirmed.

Habeas corpus—Statutory presumption that sentences are to be served concurrently does not apply to sentences imposed for firearm specifications—Inmate's firearm-specification terms run consecutively to prior sentence by operation of former R.C. 2929.14(E)(1)(a) even though sentencing entries imposing firearm-specification terms did not mention prior sentence—Court of appeals' dismissal of petition affirmed.

Marketable Title Act—Dormant Mineral Act—No irreconcilable difference between the two acts—Judgment affirmed.

Criminal law—Other-acts evidence—Evid.R. 404(B)—The protection against double jeopardy provided by Article I, Section 10 of the Ohio Constitution does not categorically bar the use of other-acts evidence relating to past criminal charges for which a criminal defendant was acquitted—Other-acts evidence must be probative of a proper particular purpose for which it is offered and must not be premised on asking jurors to draw improper character inferences—Other-acts evidence must be excluded under Evid.R. 403(A) when its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.

Taxation—Commercial-activity tax—Gross receipts—R.C. 5751.033(I)—Situs is established where intangible contract rights are used or their benefit is received—Court of appeals' judgment reversed and cause remanded to the tax commissioner for issuance of refunds.

Mandamus—Platting Commission Act created a method of achieving a statutory dedication—Two streets near appellant's office building were subject of a statutory dedication as of 1876 under terms of Platting Commission Act—Court of appeals' judgment denying writ reversed and cause remanded for that court to determine whether appellant satisfied all requirements of mandamus standard.

Court of appeals' judgment reversed on the authority of State v. Patrick and cause remanded.

Public Utilities—R.C. 4928.143(F)—Public Utilities Commission should not have excluded the revenue from Ohio Edison Company's Distribution Modernization Rider in its annual earnings review of Ohio Edison's electric security plan—Cause remanded to the commission.