Moreno

Petitioner is presently awaiting trial on charges of vehicle manslaughter, failing to stop at the scene of an accident, and driving under the influence of intoxicating liquor (Pen. Code, § 192, subd. 3, Veh. Code, §§ 20001, 23101). On November 28, 1977, petitioner was arraigned in the superior court, and on December 22, after a pretrial conference, trial was set for January 3, 1978. On December 30, 1977, four days prior to the scheduled trial date, petitioner filed a motion to suppress evidence pursuant to Penal Code section 1538.5. On January 3, 1978, the trial date was vacated and a hearing on the motion to suppress was continued for personal reasons of petitioner’s trial counsel. On January 5, 1978, a second continuance was granted to allow defense counsel to attend to personal matters.

On January 12, 1978, the trial court denied petitioner’s motion because petitioner had failed to give the district attorney 10 days’ notice of the motion. After denying the motion, the trial court set the matter for trial on February 7, 1978. In setting the trial date, the court expressly stated it was not granting petitioner additional time for the purpose of filing another Penal Code…