Vasquez

Petitioner filed notice of appeal from a judgment of conviction of a violation of Health and Safety Code section 11501 and as an indigent requested respondent District Court of Appeal to appoint counsel to assist him. Invoking the practice authorized by People v. Hyde, 51 Cal.2d 152, 154 [ 331 P.2d 42 ], respondent denied the request on the ground that an independent investigation of the record showed that it would not be of advantage to defendant or helpful to the court to have counsel appointed. Petitioner seeks mandamus to compel respondent to appoint counsel.

In Douglas v. California, 372 U.S. 353 , - [ 83 S.Ct. 814, 816 , 9 L.Ed.2d 811, 814 ] the United States Supreme Court held the Hyde practice unconstitutional noting that “the type of an appeal a person is afforded in the District Court of Appeals hinges upon whether or not he can pay for the assistance of counsel. If he can the appellate court passes on the merits of his case only after having the full benefit of written briefs and oral argument by counsel. If he cannot the appellate court is forced to prejudge the merits before it can even determine whether counsel should be appointed. At this state in the proceedings…