SANTA FE – The state Supreme Court today affirmed a judge’s decision to hold the state Department of Taxation and Revenue in contempt for failing to comply
A divided Court ruled there was insufficient evidence to support Christopher Garcia’s convictions of intentional child abuse resulting in death by endangerment through medical neglect. The Court unanimously overturned Garcia’s conspiracy conviction. Garcia was sentenced to life in prison plus an additional four years.
The Court’s majority dismissed both charges because double jeopardy protections prohibit a retrial when there was insufficient evidence to support the defendant’s convictions.
Justice David K. Thomson dissented from the majority decision on the child abuse conviction, but concurred with the majority that Garcia’s conspiracy conviction should be vacated.
Garcia and his wife, Lizy Portillo, were babysitting Isaac Arevalos when the boy suffered injuries that caused multiple bruises to his head and body. Although the toddler lost consciousness, Garcia did not call 911 for emergency medical assistance. He called the child’s mother and to