State v. Montoya

Summary

The Court affirmed Montoya’s conviction for intentional child abuse resulting in the death of a child under twelve, holding that the jury instructions, expert testimony, and evidence were legally sufficient. It clarified that reckless child abuse resulting in such a death is a lesser-included offense of intentional child abuse and that appropriate step-down instructions may be used. The Court remanded for resentencing because the district court mistakenly believed it lacked authority to consider mitigating circumstances affecting the basic life sentence.