CLARK, Judge.
Respondent first assigns as error the denial of his motion to dismiss on the grounds that the State violated the Speedy Trial Act, G.S. 15A-701(a1) by bringing the case to trial more than 120 days after arraignment. G.S. 15A-701(a1) provides in relevant part that the trial of the criminal defendant who is arrested and indicted between 1 October 1978 and 1 October 1980, shall begin:
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