BROWN, Judge.
{¶ 1} The state of Ohio, plaintiff-appellant, appeals from a decision of the Franklin County Court of Common Pleas, which granted a motion to dismiss in favor of Titus Andrews, defendant-appellee.
{¶ 2} On December 21, 2000, appellee was indicted by a grand jury for two counts of workers' compensation fraud pursuant to R.C. 2913.48. The indictment alleged:
{¶ 3} "[O]n or about January 12, 1996 to on or about June 30, 1996...
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