State v. Martinez

OPINION

ROBINSON, Judge.

{1} Cynthia Martinez (Defendant) appeals her conviction, pursuant to a conditional plea, for felony child abuse, contrary to NMSA 1978, Section 30-6-l(D) (2005). The issue on appeal is whether the State, under current law, can prosecute a mother for child abuse when the mother uses cocaine during her pregnancy. We conclude that Section 30-6-1(D) does not apply to Defendant’s conduct and we therefore reverse.

I. BACKGROUND

{2} The stipulated facts indicate that, on January 12, 2003, Defendant’s daughter (Child) was born at Lea Regional Hospital in Hobbs, New Mexico. Child…