if it matched any records in the laboratory's informal local database. The result obtained did not match any locally held record.
¶ 6 In September 2005, the state secured a DNA sample from Johnson to confirm a match found in the CODIS database between his DNA profile and the DNA profile of a blood sample recovered from a 2003 burglary in Tucson. In February 2006, the TPD Crime Laboratory analyzed the DNA in the semen sample obtained from J. and submitted the resulting profile to CODIS. It matched the profile of the DNA sample Johnson had previously provided as part of the burglary investigation. A Pima County grand jury indicted Johnson on March 6, 2006, on three counts of sexual assault, class two felonies; two counts of sexual abuse,class five felonies; and kidnapping, a class two felony, all alleged to have been committed on April 26, 1994.
¶ 7 Johnson moved to dismiss the indictment, arguing that the statute of limitation had expired. Respondent Judge Aragon denied the motion after an evidentiary hearing, ruling the state could not have connected the evidence left by the suspect in the sexual assault to the perpetrator "until the Tucson Police Crime Lab was connected to CODIS . . . in November, 2004"[1] and that Johnson's DNA profile had been connected to the sexual assault evidence on February 10, 2006. As a result, the respondent found the limitation period had begun on February 10, 2006, "when the State had probable cause of the crime and the connection" to Johnson.

Discussion
Applicable Statute
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