HOBBS, N.M. — According to documents obtained by NewsWest 9, Alexis Avila's team is appealing the jury's decision to sentence her to 18 years with 2 years suspended.
Avila was found guilty of abuse of a child resulting in great bodily harm in May after being accused of throwing her baby in a dumpster in 2022.
For a full recap of that trial, click here.
The document states that the notice of appeal was filed on May 1, the same day Avila was sentenced.
On July 27, Avila’s team filed the motion with several issues in the case:
- Issue 1: whether the trial court abused its discretion in denying Ms. Avila's motion for change of venue.
- Issue 2: whether the trial court were wrong in allowing witnesses to testify as experts who were not previously designated as such on a witness list in order to put defense on sufficient notice.
- Issue 3: whether the trial court were wrong in denying Ms. Avila's motion for directed verdict based on the sufficiency of the evidence for the charge of child abuse resulting in great bodily harm.
- Issue 4: whether there was sufficient evidence presented for the jury to find Ms. Avila guilty of child abuse resulting in great bodily harm.
- Issue 5: whether the trial court had sufficient evidence to make a finding that the nature of the offense and the resulting harm allowed it to be designated as a serious violent offense.
- Issue 6: whether the trial court were wrong in denying Ms. Avila's requested jury instructions of NMRA 14-2801, 14-222 and 14-140.
According to the New Mexico law offices, "The Court of Appeals will look at this and decide the timeline and procedure for the case, which can include asking for more detailed filings from the state/defense or making an initial decision based on the docketing statements."
We are told this is very beginning of the appeal process and we will continue to update you as the process continues.