State v. Mondragon

OPINION

CASTILLO, Judge.

{1} The question before us is whether injuries inflicted on a fetus, which result in the death of a child born alive, support a charge for child abuse resulting in death under NMSA 1978, § 30-6-HE) (2004) (amended 2005). Based on the language of the statute, we conclude that the trial court erred by denying Defendant’s motion to dismiss the charges, and we reverse.

I. BACKGROUND

{2} The parties stipulated to the following facts for the purposes of the motion to dismiss. At the time of the incident, Defendant and Mother lived together, and Mother was 24 weeks pregnant. On…