Certiorari Granted, No. 29,775, June 2, 2006 OPINION ¶1 Cynthia Martinez (Defendant) appeals her conviction, pursuant to a conditional plea, for felony child abuse, contrary to NMSA 1978, Section 30-6-1(D) (2005). The issue on appeal is whether the State, under current law, can prosecute a mother for child abuse when the mother uses cocaine during her pregnancy. We conclude that Section 30-6-1(D) does not apply to Defendant's conduct and we therefore reverse. I. BACKGROUND
