CHARLES F. KURFESS, Judge.
This matter comes before the court on the defendant's motion to dismiss Count 2 of the indictment alleging a violation of R.C. 2907.06(A)(4), a misdemeanor. The court has considered defendant's brief in support of defendant's motion to dismiss, the state's brief in opposition thereto and the oral arguments of counsel.
In Ohio, limitations of criminal prosecutions are governed by R.C. 2901.-13(A), which provides as follows:
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