Court of Appeals affirms Hobbs mother’s attempted murder conviction
HOBBS, New Mexico (KVIA) -- Today, the New Mexico Court of Appeals affirmed the conviction of Alexis Avila, the young mother who abandoned her newborn child in a dumpster in Hobbs, New Mexico in January 2022.
In its Memorandum Opinion, the court stated that Avila had appealed her conviction by asserting that the jury was never instructed to consider the defense of insanity. She also claimed that she received ineffective counsel during her trial. Today, the Court of Appeals disagreed with Avila, and instead reaffirmed her conviction.
Avila was charged with and convicted of one count of attempt to commit first degree murder. A jury sentenced Avila to 16 years in prison on May 1, 2023.
Law enforcement officials told ABC-7 in 2022 that four people looking through the dumpster heard the baby crying and found it inside a trash bag, wrapped in a dirty towel.
According to court documents filed upon Avila's arrest, Avila learned she was pregnant when she went to the doctor due to back pain. She gave birth on her bathroom floor the next day on January 7, 2022.
Investigators say Avila wrapped the baby in a towel, placed it in a bag, and secured it with a hair tie. Investigators say Avila drove to a dumpster at the Broadmoor Mall, where she tossed the trash bag into the dumpster around 2 p.m., then drove away.
In 2022, ABC-7 obtained the 911 call made when the baby was found.
Listen to the 911 call above.
New Mexico Attorney General Raúl Torrez provided a statement on the court's decision. He says that his office is working to get Avila remanded back into custody. Read the statement in full below:
“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. 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.”
New Mexico Attorney General Raúl Torrez
