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Varela v. New6/15/1993
itutional right to counsel, we are inclined to believe that ineffective assistance of the appointed counsel may overcome the mandatory precondition to the district court's exercise of jurisdiction under Rule 7-703(J). We hold the district court did have jurisdiction to hear evidence and resolve the tension between the mandatory precondition to the exercise of its jurisdiction and Varela's constitutional right to effective assistance of counsel. It was, therefore, error for the district court to dismiss the appeal on that basis.
We remand this case to the district court for a hearing on Varela's ineffective assistance claim. If the claim is found to be meritorious, his appeal on the driving while intoxicated charge may be heard immediately by the district court.
IT IS SO ORDERED.
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