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STATE v. CHAVEZ

No. 31,202.

211 P.3d 891 (2009)

2009-NMSC-035

STATE of New Mexico, Plaintiff-Respondent, v. Julio CHAVEZ, Defendant-Petitioner.

Supreme Court of New Mexico.

June 23, 2009.

Attorney(s) appearing for the Case

Hugh W. Dangler, Chief Public Defender, William A. O'Connell, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} When Defendant Julio Chavez woke up on the morning of October 2, 2003, he discovered that his infant daughter, Shelby, was not breathing. Despite repeated efforts, she could not be revived. A police investigation into her death revealed that Shelby had been placed to sleep in a dresser drawer filled with blankets and padding because her bassinet had broken a day or two earlier. In addition, police inspected Defendant...

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