In the Interest of S. L. H.

I agree with the reversal of the judgment. But I concur with Division 1 of Presiding Judge Birdsong’s dissent. However, I do not concur in its Division 2, which relates to the application of the statute in this case.

1. First, a note about the dissent’s Division 1. The court dismissed the petition after concluding that “the former prosecution . . . was terminated improperly.” It is notable that the juvenile’s “plea in bar,” a device used in criminal proceedings, sought dismissal on the grounds of the Fifth Amendment to the United States Constitution and the statute, OCGA § 16-1-8 (a) (2).…