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January 19, 2012

Prison sentence in attempted capital murder case

GREENVILLE — A Greenville woman was sentenced to prison Wednesday for attempting to kill her newborn daughter in 2009.

Lola Danielle Cherry was facing a sentence of up to life in prison after being convicted earlier this month on the charge of attempted capital murder.

During a sentencing hearing Wednesday afternoon in the 354th District Court, Judge Richard A. Beacom sentenced Cherry to 24 years in the Texas Department of Criminal Justice-Institutional Division.

Beacom found Cherry guilty of the charge on January 6 following a two-day trial. Prosecutors alleged Cherry pushed a diaper wipe down her 12-week-old daughter’s throat because she did not want her to grow up in an unstable household.

Police officers were reported to have responded to a call of a newborn choking and not breathing in the 2600 block of Jones Street on Oct. 31, 2009.



The child was later taken by helicopter to Childrens Medical Center in Dallas where the baby wipe was removed.

Attempted capital murder is a first degree felony, punishable by a maximum sentence of from five to 99 years to life in prison.

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