Alexis Avila, the Hobbs teenager who was sentenced to 16 years in prison plus two years on parole for throwing her alive newborn into a dumpster, is being released from prison while appealing her case. The ruling was made on Wednesday, October 18.

Avila’s most recent ruling reverses last month’s decision by Fifth Judicial District Court judge Efren Cortez who denied Avila’s motion for release during the tenure of her appeal. Cortez was the “hearing judge” in the motion hearing that took place on September 27, in Lvington’s District Court courtroom 501.

Avila was 18 years old when she threw her newborn baby boy who was wrapped in a towel and placed in a plastic bag into a dumpster behind Rig Outfitters in Hobbs during freezing weather conditions. The incident took place on January 7, 2022. Surveillance cameras recorded Avila’s actions. Subsequently, Avilia was accused of the crime.

On Monday, April 10, 2023, Avila’s five-day jury trial started. After extensive testimony and arguments by attorneys and witnesses from both the defense and the plaintiff, a guilty charge of attempted first-degree murder and child abuse resulting in “great bodily harm” was rendered against Avila. On May 10 Avila was sentenced – 16 years in prison plus two years on parole. On the day of sentencing Avila’s attorney appealed her case, and on May 5 her attorney filed the motion for Avila to be released from prison during the appeal process.

When her motion for release was denied last month by judge Cortez, Avila’s attorney appealed Cortez’s ruling, and the New Mexico Court of Appeals reversed Cortez’s decision.

According to a KOAT 7 Action News report, “New Mexico Court of Appeals Judges Jane B. Yohalem and Kristina Bogardus granted Avila’s order of motion for release pending an appeal filed by her attorney. In addition, Avila will be released from prison under pre-trial conditions prior to her sentencing.”