Is there any case law in which a defendant consented to a motion to dismiss a charge?

5. The unusual facts of this case make it difficult to determine whether to consider it one in which defendant has objected or consented to the government's motion to dismiss counts. Defendant first, through his lawyer, had no objection to the dismissal of counts; later, after being questioned directly about his plea, defendant refused to plead; finally, defendant himself volunteered to plead to the counts that the government had sought to dismiss. We believe we do not need to resolve this question, because the consent of the defendant is required by Rule 48(a) only after trial has begun. See United States v. Valencia, 492 F.2d 1071, 1074 (9th Cir. 1974) ("Consent of appellant was not necessary since trial had not yet commenced.").

5. The unusual facts of this case make it difficult to determine whether to consider it one in which defendant has objected or consented to the government's motion to dismiss counts. Defendant first, through his lawyer, had no objection to the dismissal of counts; later, after being questioned directly about his plea, defendant refused to plead; finally, defendant himself volunteered to plead to the counts that the government had sought to dismiss. We believe we do not need to resolve this question, because the consent of the defendant is required by Rule 48(a) only after trial has begun. See United States v. Valencia, 492 F.2d 1071, 1074 (9th Cir. 1974) ("Consent of appellant was not necessary since trial had not yet commenced.").