Ojeda

*304 Opinion

Peter Ojeda sought release from custody alleging he had been denied due process because the Board of Prison Terms refused to appoint counsel to represent him at his formal parole revocation hearing. The trial court found counsel must be appointed in all cases without regard to the particular facts of each case and ordered Ojeda be given a new hearing before the parole board. The People appeal from the partial granting of a petition for habeas corpus.

Ojeda cross-appeals from the court’s denial of his request to be released forthwith. He claims he has served the maximum term.

I

On July 31, 1981, Ojeda, after a plea of guilty, was sentenced to state prison for two years. While on parole, he was arrested. A large quantity of high grade heroin was seized inside a radio in the bedroom where Ojeda and his girlfriend were found. His parole agent placed a hold on him and a formal revocation hearing was held on April 16, 1985.

There were three allegations which formed the basis of revocation: (1) absconding from supervision; (2) possession of heroin for sale; and (3) using heroin. Ojeda requested an attorney and completed the appropriate Board of Prison Terms form. His…