New Mexico v. Lucero

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Laticia Lucero (Baby) died on June 9th, 2010, just 47 days after she was born to Mother and defendant Jadrian “Jay” Lucero. Baby’s autopsy revealed that she died as a result of the type of injuries one might expect after being ejected from a vehicle in a high-speed collision or falling from a third-story window and landing on one’s head. During the investigation into Baby’s death, Defendant told law enforcement that Baby was under his care on the afternoon of June 9th, and that he had found her “not breathing” when he went to check on her in her crib. Defendant was indicted on a single count of intentional child abuse resulting in Baby’s death, and a jury convicted him of intentional child abuse resulting in the death of a child less than twelve years of age under NMSA 1978, Section 30-6-1(D), (H) (2009). The district court sentenced him to life in prison. Defendant raised two issues on appeal: (1) the jury instructions improperly defined the intent element for the crime of intentional child abuse by endangerment and, therefore, resulted in fundamental error; and (2) the district court abused its discretion when it refused to hold an evidentiary hearing on Defendant’s motion for a new trial. Finding no reversible error, the New Mexico Supreme Court affirmed defendant’s conviction. View "New Mexico v. Lucero" on Justia Law