HOBBS, N.M. (KRQE) – The state’s efforts to put a woman convicted of throwing her newborn into a dumpster back behind bars while she appeals the verdict was denied. Alexis Avila’s attorneys are appealing her conviction and 16-year sentence for child abuse resulting in great bodily harm.

A New Mexico appeals court allowed her to be released from prison during the process which led to the state asking for a new hearing to lock her back up during the appeal. That motion was denied by the court of appeal. Avila is still waiting for a date to make her appeal to the state Supreme Court.