Can a motion to suppress evidence pursuant to section 1538.5 be denied?

This contention is based upon certain language in People v. Superior Court (Sandoval), 29 Cal.App.3d 135, 105 Cal.Rptr. 268. In Sandoval, defendants were charged with certain Health and Safety Code violations. On June 16, 1972, an information was filed in the superior court. On August 14, the date originally set for trial, defendants' motion to suppress evidence pursuant to Penal Code section 1538.5 was granted. The court reassigned the case for trial to the master calendar 'to trail' on August 21. On that date it was set 'to trail' on September 11. On that date it was continued to a later date. On September 13, the People filed a petition for writ of mandate. The court, construing section 1538.5(o), held that the People's petition was filed too late. Section 1538.5, subdivision (o), provides: