NEW MEXICO (KRQE) – The State of New Mexico is asking an appeals court to put the woman convicted of throwing her baby in a Hobbs dumpster back in prison while she appeals the verdict.

Alexis Avila’s attorneys are appealing the conviction and 16-year prison sentence for child abuse with great bodily harm in 2022.

A New Mexico Appeals Court allowed her released from prison during her appeal.

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The appeals court judges said the decision in the district court could result in a reversal and likely a new trial.

However, the Attorney General’s Office said the appeals court ruling is vague and is asking for a new hearing to put Avila back in prison during her appeal.

Avila is waiting for a date to make her appeal to the State’s Supreme Court.