What are the rights of a defendant who has been denied a full hearing on a motion to suppress under section 1538.5?

Moreno v. Superior Court (1978) 80 Cal.App.3d 932, 146 Cal.Rptr. 35, is instructive in determining the rights of a defendant who has been denied a full hearing on the merits of his motion to suppress under section 1538.5. There the defendant in filing his motion failed to give the district attorney the requisite 10 days' notice of the motion. ( 1538.5, subd. (i).) The trial court denied the motion for failure to comply with the statute and set the matter for trial some 26 days hence. On the following

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