Alexee Trevizo is not in jail.
More than three years after her arrest in connection with the death of her newborn son, Trevizo remains out of custody while her criminal case is pending in New Mexico.
That has led to a question that continues to follow the case: if Trevizo is facing a first-degree murder charge, why has she not been sent to prison?
The answer is that she has not been convicted. She was released before trial on a $100,000 unsecured bond, subject to court-ordered conditions.
Her case was later delayed by a major dispute over evidence. On July 30, 2026, the New Mexico Supreme Court ruled in State v. Trevizo that Trevizo had not voluntarily waived her physician-patient privilege and upheld the suppression of evidence covered by that privilege.
The ruling did not dismiss her charges or find her innocent.
As of August 2026, the criminal case remains pending.
Where Is Alexee Trevizo Now?
Trevizo’s exact current residential address has not been reliably established in recent public reporting, and there is no sound basis for identifying a private residence that has not been officially disclosed.
What is known is that she remains out of jail while awaiting further proceedings in her criminal case.
She was released from custody six days after her May 10, 2023 arrest. On May 16, an Eddy County judge released her on a $100,000 unsecured bond. Contemporary reporting said she was subject to a 7 a.m. to 7 p.m. curfew, mandatory counseling and could attend school. She was not placed under house arrest or required to wear an ankle monitor.
Those details matter because Trevizo’s status is sometimes described online as though she was released because the murder case disappeared.
That is not what happened.
She was released before trial, while the criminal prosecution remained active.
Why Is Alexee Trevizo Not in Jail?
Being charged with murder does not automatically mean a defendant must remain incarcerated until trial.
In Trevizo’s case, a judge determined that she could be released before trial under conditions designed to ensure that she returned to court and complied with the court’s orders.
The $100,000 bond was unsecured, meaning she was not required to pay that amount upfront to obtain her release. Instead, the bond represented a financial obligation tied to the conditions of her release.
The reported conditions included a daytime curfew, mandatory counseling and permission to attend school.
Her release therefore had nothing to do with a finding that she was innocent.
It reflected a pretrial decision by the court.
When Was Alexee Trevizo Arrested and Released?
Trevizo was arrested on May 10, 2023, several months after the January 27, 2023 death of her newborn son.
She was 19 at the time.
Six days later, the court released her on the $100,000 unsecured bond.
The release allowed her to remain in the community while the case moved through the court system.
This distinction is important when looking at the length of time she has spent outside jail.
The period since May 2023 has not followed an acquittal or dismissal. It has been a period of pretrial release.
What Were Alexee Trevizo’s Bail Conditions?
The conditions imposed after her release were intended to restrict her movements and require her to comply with court requirements while she awaited trial.
The conditions included a $100,000 unsecured bond, a 7 a.m. to 7 p.m. curfew, mandatory counseling and permission to attend school. She was not placed under house arrest and did not have to wear an ankle monitor.
The conditions were later modified.
Could Alexee Trevizo Attend New Mexico State University?
Yes.
In August 2023, a judge modified Trevizo’s release conditions so she could attend New Mexico State University in person.
She had initially been taking classes remotely.
On August 22, 2023, Judge Jane Gray approved the modification at a pretrial hearing. The change also addressed restrictions involving Devyn Fierro, the father of Trevizo’s newborn, who attended the same university.
The decision generated substantial public attention because Trevizo and Fierro could potentially encounter each other on campus.
The controversy later led to an online petition calling for Trevizo to be removed from NMSU.
Is Alexee Trevizo Still Attending New Mexico State University?
Her past enrollment at New Mexico State University is documented.
What is not clearly established in recent reliable reporting is whether she is currently enrolled or attending NMSU in 2026.
That distinction matters.
The 2023 court proceedings established that she was permitted to attend the university in person.
But that does not establish her current enrollment status in August 2026.
There is no reliable reason to state that she is currently attending NMSU unless a new court record, university statement or recent credible report confirms it.
Is Alexee Trevizo Still Facing Murder Charges?
Trevizo was charged with first-degree murder and tampering with evidence after the death of her newborn son. The publicly available case record identifies the first-degree murder and tampering charges in State v. Trevizo.
She pleaded not guilty.
The criminal case has not resulted in a conviction, acquittal or dismissal.
The New Mexico Supreme Court’s July 30, 2026 ruling did not change that basic status. The court was deciding an evidentiary issue involving physician-patient privilege, not determining whether Trevizo committed the charged offenses.
That is why Trevizo can simultaneously be facing a murder prosecution and remain out of jail.
Why Has Alexee Trevizo’s Trial Taken So Long?
The biggest reason for the delay has been the fight over evidence.
Trevizo’s defense challenged statements and other evidence obtained during the hospital investigation, arguing that they were protected by physician-patient privilege.
The district court suppressed evidence covered by the privilege.
The State appealed that decision to the New Mexico Supreme Court.
The appeal kept the evidentiary dispute alive while the higher court considered whether the State could use the contested material at trial. The Supreme Court ultimately affirmed the suppression ruling on July 30, 2026.
A jury trial had previously been scheduled for August 26, 2024, according to the district-court case record.
The appellate fight over the evidence became a major reason the case did not proceed to that trial.
What Did the New Mexico Supreme Court Decide in 2026?
The Supreme Court unanimously held that Trevizo had not voluntarily waived her physician-patient privilege.
The case involved statements Trevizo made during the hospital encounter after she had given birth.
The court examined the circumstances surrounding those communications, including Trevizo’s medical condition and the involvement of police officers while she was receiving medical treatment.
The court concluded that the circumstances did not establish a voluntary waiver of the privilege.
It therefore affirmed the district court’s order suppressing evidence covered by the physician-patient privilege.
The decision affected the hospital-room statements and related recordings that prosecutors had sought to use in the murder case.
The ruling was significant, but it was still an evidentiary decision, not a verdict.
Does the Supreme Court Ruling Mean Alexee Trevizo Is Free?
Not in the sense of being cleared of the criminal charges.
Trevizo was already out of custody on pretrial release. The Supreme Court ruling did not create that release and did not declare her innocent.
Instead, the ruling determines what evidence prosecutors can use in the criminal proceedings.
It also does not mean the criminal case was dismissed.
The Supreme Court’s decision was limited to the physician-patient privilege issue and the evidence affected by that protection.
Trevizo therefore remains a defendant in a pending criminal case.
Her release status and the Supreme Court’s evidentiary decision are two separate issues.
What Evidence Was Suppressed in Alexee Trevizo’s Case?
The Supreme Court affirmed suppression of evidence covered by the physician-patient privilege.
The dispute centered on communications involving Trevizo and medical personnel during the hospital encounter.
The ruling also affects recordings connected to that protected encounter. Recent reporting described the decision as excluding Trevizo’s hospital-room statements and related body-camera and surveillance material from use at trial.
However, the ruling does not mean that every piece of evidence gathered during the investigation has disappeared.
The State can still use evidence that is legally admissible and outside the scope of the privilege.
The Supreme Court did not decide whether the remaining evidence is sufficient to convict Trevizo.
That question belongs to the criminal proceedings that follow.
Can Prosecutors Still Take Alexee Trevizo to Trial?
Yes. The Supreme Court ruling did not prevent prosecutors from continuing the criminal case.
It limited the evidence available to them.
The State had challenged the suppression ruling because it wanted the disputed evidence available for its prosecution. The Supreme Court rejected that challenge and affirmed the lower court’s ruling.
That leaves prosecutors to proceed with evidence that survives the privilege ruling.
Whether that remaining evidence is enough to prove the charges beyond a reasonable doubt has not been decided.
That is why the July 2026 ruling should not be described as either a complete victory for the defense or the end of the prosecution.
It is a significant evidentiary ruling in an unresolved murder case.
What Happened to Alexee Trevizo’s Newborn Son?
Trevizo’s criminal case began after her newborn son was found dead inside a trash can at Artesia General Hospital on January 27, 2023.
Trevizo had gone to the emergency department with severe back pain and initially denied being pregnant.
She later gave birth in a hospital bathroom.
Hospital staff discovered the newborn after the delivery, prompting a police investigation.
The prosecution and defense have presented very different accounts of what happened.
Trevizo’s defense has maintained that she did not know she was pregnant and has disputed the State’s interpretation of the baby’s death.
The medical evidence has been an important part of the prosecution’s case, but the New Mexico Supreme Court’s 2026 decision did not determine whether the baby was born alive, how he died or whether Trevizo is criminally responsible.
Those questions remain separate from the privilege issue decided by the Supreme Court.
Where Does Alexee Trevizo’s Case Stand Now?
The case remains pending.
The New Mexico Supreme Court has resolved the State’s appeal over the physician-patient privilege issue, so the matter can move forward in the district court under the evidentiary restrictions established by the Supreme Court.
There is no confirmed new jury trial date in the reliable public sources reviewed for this update.
That means Trevizo remains in the unusual position of facing serious criminal charges while living outside jail under pretrial release rather than serving a sentence.
Her current private residence has not been reliably established publicly.
Her past enrollment at NMSU is documented, but her current student status has not been clearly confirmed.
And her criminal case has not reached a verdict.
What Happens Next for Alexee Trevizo?
The next stage of the case is expected to return to the Eddy County district court following the New Mexico Supreme Court’s July 30, 2026 decision.
The Supreme Court’s ruling leaves the prosecution with the evidence that remains admissible under the court’s privilege decision.
The district court will have to address scheduling and determine how the case proceeds under the new evidentiary limits.
The prosecution has not been ended by the Supreme Court’s decision. Trevizo still faces the pending criminal charges, and the court has not ruled on whether the remaining evidence can establish guilt beyond a reasonable doubt.
There is still no confirmed new jury trial date in the reliable public sources reviewed for this update.
The next significant development will therefore come from the district court, where the parties will have to move forward after the Supreme Court resolved the privilege dispute.
Why Alexee Trevizo Is Still Out of Jail
The simplest answer is also the most important one: Alexee Trevizo has not been convicted.
She was released on a $100,000 unsecured bond after her May 2023 arrest, with conditions imposed by the court.
Her trial was delayed by the State’s appeal over suppressed evidence.
The New Mexico Supreme Court ruled in July 2026 that the physician-patient privilege had not been waived, but it did not dismiss the criminal charges.
So, as of August 2026, Trevizo remains out of custody while her criminal case is pending.
The next major question is no longer whether the State can use the suppressed hospital evidence.
The Supreme Court has already answered that.
The question now is what happens when the prosecution has to move forward with the evidence that remains.
