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Court Upholds Conviction In Baby-Stomping Death

nmsupremecourt.nmcourts.gov

The state Supreme Court has upheld the intentional child abuse conviction of a Flora Vista man for stomping an infant to death in 2007.

The court on Thursday rejected Jose Garcia's challenges to his conviction for the death of 17-month-old Taegan McKinney.

Garcia and his girlfriend were babysitting the infant. Garcia said told police he might have stepped on the baby while trying to jump over a pile of clothes.

However, a pathologist testified the baby had numerous injuries that were the result of being beaten and stomped to death.

Garcia was sentenced to life in prison, which means he must serve at least 30 years before becoming eligible for parole.

In 2010, the Supreme Court ordered a new trial for Garcia after overturning a plea agreement.

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