State v. Love, C-080184 (12-26-2008)

DECISION.

{¶ 1} The state of Ohio appeals the dismissal of an indictment for four counts of rape that had been filed against defendant-appellee, James F. Love. For the reasons that follow, we reverse the dismissal and remand the cause for further proceedings.

The Indictment and the Motion for a New Trial

{¶ 2} In 1996, Love was indicted for raping a 12-year-old girl named Sarah. In count one of the indictment, the state alleged that Love had raped Sarah "on an undetermined date" in 1990." In count three, Love was alleged to have raped Sarah on an undetermined date in 1988, and in counts four and…