A Madison County, Nebraska judge has ruled there is competent evidence to support a charge filed by the state against a Norfolk, woman accused of killing her four-year-old daughter last year.
Twenty-one-year-old Carla Montoya is charged with a Class 1B felony for child abuse.
A Class 1B is where the act is committed knowingly and intentionally, resulting in the death of the child.
Back on November 2, Montoya and her attorney filed a plea for abatement, saying there was no evidence she specifically intended to cause the death of her child.
Her defense was looking for a charge of Child Abuse Class 2A, where the offense is committed negligently and results in the death of the child.
Montoya told investigators she got upset and threw her daughter Caylee on a bed three times inside her Norfolk apartment in March of 2016.
The girl later died at an Omaha hospital.
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