AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• On one evening, the Defendant put her two-year-old son to bed in his bedroom and locked the door. The child later became trapped between a dresser and his bed railing, resulting in injuries. Despite being in the same apartment, the Defendant claimed not to hear the child's cries. The child's father discovered him the next morning and took him to the hospital, where suspicions of child abuse led to the Defendant's charge of negligent child abuse, later changed to child abandonment (paras 2-5).

Procedural History

• APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY, Michael E. Vigil, District Judge: Defendant was found guilty of criminal child abandonment.
• Certiorari Granted, January 26, 2015, No. 35,035.

Parties' Submissions

• Appellant (Defendant): Argued that her actions did not constitute "leaving" or "abandoning" the child under the relevant statute, as she did not intend to leave the child without plans to return (para 9).
• Appellee (State): Argued that the Defendant's actions, by locking the child in his room and ignoring his cries, amounted to abandonment, as it placed the child in circumstances where he suffered neglect (paras 7, 21).

Legal Issues

• Whether the Defendant's actions of putting her child to bed, locking his bedroom door, and ignoring his cries during the night constitute "leaving" or "abandoning" the child under NMSA 1978, Section 30-6-1(B) (para 1).

Disposition

• The Court of Appeals of New Mexico reversed the Defendant's conviction for child abandonment (para 1).

Reasons

• The Court, per Judge Timothy L. Garcia with Judges James J. Wechsler and Jonathan B. Sutin concurring, held that the Defendant's actions did not meet the statutory definition of abandonment, which requires leaving a child without intent to return. The Court found no evidence that the Defendant intended to permanently sever the parental relationship or leave the child in a state of neglect as defined by the statute. The decision was based on interpretations of the statute, dictionary definitions of "leave" and "abandonment," and a review of case law from other jurisdictions. The Court emphasized the need for a strict construction of criminal statutes and the legislative intent to not apply the statute to the conduct described. As a result, there was insufficient evidence to support the conviction for child abandonment under Section 30-6-1(B) (paras 10-23).