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IN INTEREST OF J.K.

No. 91-1073.

489 N.W.2d 43 (1992)

In the Interest of J.K., a Minor, State of Iowa, Appellant.

Court of Appeals of Iowa.

June 25, 1992.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., John M. Parmeter, Special Asst. Atty. Gen., and Charles K. Phillips, Asst. Atty. Gen., for appellant.

Robert Kohorst and Kathleen S. Kohorst of Kohorst Law Firm, Harlan, for appellee, the child.

Heard by SCHLEGEL, P.J., and SACKETT and HABHAB, JJ., but decided en banc.

SACKETT, Judge.

We address the State's contention that a delinquency petition should not have been dismissed following a juvenile court finding at a waiver hearing there was not probable cause the child had committed the offense with which she was charged. We affirm the order dismissing. We are divided three-three on the issue of whether the child was put in jeopardy at the waiver hearing.

A delinquency petition was filed in Shelby County charging Joanne

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