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Court affirms conviction of teen who threw baby in dumpster after giving birth
The New Mexico Court of Appeals affirmed the conviction of a Hobbs teen who was accused of abandoning her newborn baby in a dumpster in 2022.
“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,” said Attorney General Raúl Torrez in a news release on Monday.
“My office, alongside District Attorney Dianna Luce, prosecuted this case and we are extremely fortunate that the child survived this horrific ordeal. My office will now focus on providing the support necessary to get Ms. Avila remanded back into custody.”
In 2022, then 18-year-old Alexis Avila was charged with first-degree child abuse resulting in great bodily harm after a group of dumpster-divers found a baby inside of a trash bag. Authorities estimated the child had been in the trash bag for six hours before he was discovered.
Investigators used surveillance video to identify a car suspected of being involved, which led them to Avila, who told police she had given birth at another location before leaving the baby in the dumpster.
Avila told officers she did not know she was pregnant until shortly before she had given birth.
On April 14, 2023, Avila was found guilty of attempted first-degree murder in state district court in Lovington and sentenced to 16 years behind bars.