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June 11, 2013

Hearing set in attempted capital murder appeal

GREENVILLE — A state appeals court has scheduled a hearing next month for a Greenville woman, sentenced to prison last year for attempting to kill her newborn daughter in 2009.

The Sixth Court of Appeals in Texarkana is scheduled to hear arguments July 30 in the case of Lola Danielle Cherry, who was convicted in January 2012 on a charge of attempted capital murder.

One month later 354th District Court Judge Richard A. Beacom sentenced Cherry to 24 years in the Texas Department of Criminal Justice-Institutional Division.

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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