SANTA FE (AP) – The New Mexico Supreme Court has upheld conviction of a Hobbs woman in the 2007 death of her infant daughter.
But the high court on Thursday also ordered the case back to a district court for resentencing.
The judges say the district court erred by not holding a presentencing hearing to consider mitigation evidence before Adriana Cabezuela was sentenced to life in prison in August 2009.
Cabezuela was convicted of abandonment or abuse of a child resulting in death. Such a conviction carries an automatic life sentence.
Emergency personnel had been called to Cabezuela’s home because 8-month-old Mariana Barraza was having trouble breathing. The baby died on the way to the hospital in June 2007.
Investigators noted she had bruises, a head injury and bite marks.