LEA COUNTY, New Mexico — Alexis Nicole Avila, 18, appeared in court Monday for a preliminary hearing to decide whether the case against her had enough evidence to go forward to a jury trial.

The judge decided it would go forward with a small legal change. Specifically, the order certain charges are listed in.

Avila was charged with attempted murder and child abuse resulting in great bodily harm after law enforcement linked her to a newborn baby that was thrown in a dumpster January 7.

The judge allowed the child abuse charge to be listed first to the jury because it is a first-degree felony while attempted murder is a second-degree felony.

Several witnesses testified during the hearing, including the baby’s father.

The father said Avila told him she had a miscarriage at some point before January. The defense, however, argued Avila never explicitly told the father she was pregnant or that she had a miscarriage.

The baby’s father also said the baby boy was healthy and that he had taken custody of him since then.

If the jury finds Avila guilty of both charges, only the conviction on the more serious charge would be valid.