RULE 4.3.1
                       CONSOLIDATION FOR TRIAL

     (a) Consolidation Generally. Offenses or defendants properly joined
under rule 4.3 shall be consolidated for trial unless the court orders
severance pursuant to rule 4.4.
     (b) Failure To Join Related Offenses.
     (1) Two or more offenses are related offenses, for purposes of this
rule, if they are within the jurisdiction and venue of the same court and
are based on the same conduct.
     (2) When a defendant has been charged with two or more related
offenses, his or her timely motion to consolidate them for trial should be
granted unless the court determines that because the prosecuting authority
does not have sufficient evidence to warrant trying some of the offenses at
that time, or for some other reason, the ends of justice would be defeated
if the motion were granted. A defendant's failure to so move constitutes a
waiver of any right of consolidation as to related offenses with which the
defendant knew he or she was charged.
     (3) A defendant who has been tried for one offense may thereafter move
to dismiss a charge for a related offense, unless a motion for
consolidation of these offenses was previously denied or the right of
consolidation was waived as provided in this rule. The motion to dismiss
must be made prior to the second trial, and shall be granted unless the
court determines that because the prosecuting authority was unaware of the
facts constituting the related offense or did not have sufficient evidence
to warrant trying this offense at the time of the first trial, or for some
other reason, the ends of justice would be defeated if the motion were
granted.
     (4) Entry of a plea of guilty to one offense does not bar the
subsequent prosecution of a related offense unless the plea of guilty was
entered on the basis of a plea agreement in which the prosecuting authority
agreed to seek or not to oppose dismissal of other related charges or not
to prosecute other potential related charges.
     (c) Authority of Court To Act. The court may order consolidation for
trial of two or more charging documents if the offenses or defendants could
have been joined in a single charging document under rule 4.3.