Alexis Avila to be released from prison pending appeal

Posted at 9:05 AM, October 26, 2023


HOBBS, N.M. (Court TV) — A woman found guilty of child abuse for throwing her newborn infant into a dumpster will be released from prison as she appeals her conviction.

Alexis Avila was 19 when she was convicted of abandoning her newborn and given the maximum sentence of 18 years with two years of parole. The judge, William G.W. Shoobridge, did tell Avila at the time that he was suspending two years off her sentence due to her age at the time of the crime.

Alexis Avila booking photo

Alexis Avila appears in an undated booking photo. (New Mexico Department of Corrections)

Avila was 18 when she wrapped her infant, with the umbilical cord still attached, in a towel and trash bag before tossing it into a dumpster at a mall on Jan. 7, 2022. A group of people who were digging through trash looking for valuables found the infant and called 911. The child, who was in the dumpster for six hours in temperatures estimated to be 36 degrees, survived the incident.

WATCH: Teen Charged With Throwing Baby In Dumpster Takes The Stand

A jury convicted Avila on April 14 on charges of attempted first-degree murder and child abuse. Court records reviewed by Court TV indicate her attorney filed an appeal of her conviction on May 1.

Avila filed a motion to be released from prison pending her appeal, which was initially denied on Sept. 28. Her attorney appealed that decision, however, and on Oct. 18, a judge ruled that Avila could leave prison.

Avila will be subject to the same conditions she was subject to for her pre-trial release. In her ruling, Judge Kristina Bogardus noted, “the appeal raises a substantial question of law likely to result in a reversal or an order for a new trial,” according to KRQE.