Alexis Avila ordered to serve Hobbs dumpster baby sentence

Alexis Avila is heading to prison following a Lea County court hearing in Hobbs, a judge decided. The ruling ends years of legal appeals and forces Avila to serve her 16-year prison term immediately.

Surveillance video showed the then-18-year-old throwing her newborn into a dumpster in January 2022. The child was inside a trash bag. People digging through the trash found the baby alive hours later.

Avila spent a year on house arrest before her trial. She was convicted and sentenced to 16 years in prison in 2023. A judge allowed her to stay out of custody during her appeals.

Fifth Judicial District Attorney Dianna Luce said the state was frustrated by the house arrest arrangement. She noted Avila received custody credit while outside of detention.

“It was frustrating for the state even more that she was placed on house arrest, meaning that she gets credit as if she were in custody in either the Lea County Detention Center or in the Department of Corrections. But she wasn’t in custody,” said Luce.

The New Mexico Court of Appeals upheld the conviction late last year. The New Mexico Supreme Court then denied a defense request to hear the case.

Her attorney made a final push Wednesday morning to avoid the prison term. The defense asked a Hobbs judge to reconsider the 16-year sentence. The judge ruled the original sentence stands.

Luce said the decision brings long-awaited closure to the community. She called the completed ruling justice for the child.

“It’s really a relief today to have the finality for the Alexis Avila case…having the court deny to motion for reconsideration and remanding her to serve her mandatory sentence is justice for that baby boy,” said Luce.

Officers took Avila into custody directly from the Lea County courtroom. She will now begin serving her prison sentence.

A motion for reconsideration allows a trial judge to review a previously imposed penalty. When a court denies the request, the original judgment remains in full legal effect.

The baby recovered quickly. The teenage father reported weeks after the incident that his son was happy and healthy.