The New Mexico Court of Appeals has upheld the conviction of Alexis Avila, the woman convicted of abandoning her newborn in a dumpster in Hobbs, New Mexico, according to KFOX-TV. In a statement, Attorney General Raúl Torrez expressed his satisfaction with the court's decision: "We are pleased that the New Mexico Court of Appeals upheld justice and reaffirmed the conviction against Ms. Avila for throwing her newborn baby in a Dumpster," Torrez said, as per KFOX-TV. The baby, fortunately, survived this ordeal and is now in the care of relatives.
Avila, who was 18 at the time of the incident, had appealed her conviction, claiming that the jury received incorrect instructions regarding the insanity defense. However, the Court of Appeals disagreed and kept her conviction in place, reports KTSM. Avila had initially told officers she did not know she was pregnant until a visit to the doctor for stomach pain, one day before giving birth.
The conviction stems from a January 2022 incident where Avila was charged with first-degree child abuse resulting in great bodily harm after the baby was found in a trash bin by three individuals looking through the container. According to the Albuquerque Journal, the child was discovered wrapped in a dirty blanket, with the umbilical cord still attached, and exhibiting symptoms of hypothermia after authorities estimated the baby had been in the dumpster for approximately six hours.
In April of 2023, Avila was found guilty of first-degree child abuse resulting in great bodily harm with the alternative of attempted murder, and Judge William G.W. Shoobridge sentenced her to 16 years in prison while suspending 2 years of her sentencing. "My office will now focus on providing the support necessary to get Ms. Avila remanded back into custody," noted Attorney General Torrez, signifying the end of the appeal process and execution of the original sentence as outlined by KFOX-TV.
