Section 43.10.234 - Determination of prosecuting authority if defendant charged by attorney general and prosecuting attorneyIf both a prosecuting attorney and the attorney general file an information or indictment charging a defendant with substantially the same offense(s), the court shall, upon motion of either the prosecuting attorney or the attorney general:
(1) Determine whose prosecution of the case will best promote the interests of justice and enter an order designating that person as the prosecuting authority in the case; and(2) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority.