OPINION
{1} Defendant appeals his felony convictions for one count of intentional child abuse resulting in death and two counts of intentional child abuse resulting in great bodily harm, contrary to NMSA 1978, Section 30-6-1(D) (2004) (amended 2005 and 2009). We conclude that: (1) the district court properly denied Defendant’s motion to suppress an incriminating statement he made to detectives, (2) the district court did not abuse its discretion on two evidentiary rulings, (3) Defendant has not established a prima facie case for ineffective assistance of counsel, (4) there was substantial evidence supporting Defendant’s convictions for intentional child abuse, and (5) there was no cumulative error. We therefore affirm.
BACKGROUND
{2} Defendant’s convictions stem from the death of his daughter, Diana, following an incident that arose on January 11, 2005, when Diana was approximately six weeks old. Defendant was allegedly changing Diana’s diaper after having fed her when he noticed that she was unresponsive and had stopped breathing. Emergency personnel responded to Defendant’s 911 call, and Diana was later air-lifted to a hospital in Albuquerque, New Mexico, where her treating physicians concluded that she was brain dead after having suffered extensive brain injuries. Diana’s other injuries included bucket-handle fractures of both femurs and several rib fractures, which her physicians determined were older injuries at various stages of healing. Diana died four days later as a result of her brain injuries. The State’s experts opined at trial that Diana was a victim of shaken baby syndrome and that her injuries were the result of child abuse.
{3} On January 12, 2005, while Diana was still being treated at the hospital, detectives questioned Defendant and his wife regarding Diana’s injuries, and Defendant stated that he had previously injured Diana on three separate occasions. Shortly thereafter, Defendant was arrested and indicted on three counts of intentional child abuse, contrary to Section 30-6-l(D). Defendant was tried twice; his first trial resulted in a mistrial after the jury was unable to agree on a verdict on all three counts. At his second trial, Defendant was convicted on all counts. Pursuant to New Mexico’s habitual offender statute, NMSA 1978, Section 31-18-17 (2003), the district court sentenced Defendant to a total of 27 years in prison followed by two years’ parole. This appeal followed.
DISCUSSION
{4} Defendant raises six issues on appeal. He argues that: (1) the district court erred in refusing to suppress Defendant’s incriminating statement, (2) the district court erred in denying Defendant an opportunity to elicit testimony that his interrogator did not supply Defendant with an attorney during his interrogation, (3) the district court erred in denying Defendant an opportunity to elicit testimony at trial about his non-violent character, (4) Defendant was denied effective assistance of counsel because his attorney failed to consult with or retain a defense expert on shaken baby syndrome, (5) there was insufficient evidence to support Defendant’s convictions, and (6) cumulative error deprived Defendant of a fair trial. We address each issue in turn below.
1. Suppression of Defendant’s Incriminating Statement
{5} Defendant first contends that the district court erred in denying his motion to suppress the incriminating statement he made during the second of his two encounters with Detective Sheila Cunningham on the evening of January 12, 2005. Specifically, Defendant argues that his statement should have been suppressed for three reasons: (1) he did not knowingly and intelligently waive his previously invoked Fifth Amendment right to counsel before he gave the incriminating statement during his second encounter, (2) his statement was involuntarily given, and (3) the New Mexico Constitution requires that interrogators supply an attorney once a defendant has invoked his right to counsel.
{6} We begin by stating the facts surrounding the events of Defendant’s interrogation. It is undisputed that at the request of Detective Cunningham, Defendant and his wife accompanied Detectives Cunningham and Larry Tafoya from the hospital to the police station on the evening of January 12, 2005. Defendant and his wife were placed in separate interview rooms, and Defendant was questioned by Detective Cunningham. Before the questioning began, Defendant was given Miranda warnings in full, and he signed a waiver of rights form. After Detective Cunningham had questioned Defendant for some time regarding the serious nature of Diana’s injuries and the events preceding Defendant’s 911 call, Defendant unequivocally asserted his right to counsel. At this point, Detective Cunningham ceased the interrogation and left the room.
{7} After being left alone in the interview room for approximately one hour, Defendant knocked on the door and asked to speak with Detective Cunningham again because he wanted to “take the blame for it.” When Detective Cunningham re-entered the room, Defendant informed her that he had changed his mind about wanting an attorney because of his wife and because he was tired. He then proceeded to incriminate himself, stating that: (1) two days earlier, he had squeezed Diana’s head “hard enough to hurt her”; (2) two weeks earlier, he had held Diana tightly and squeezed hard enough to break her ribs; and (3) some time ago, he held Diana’s legs too tightly while changing her diaper and then heard her legs pop. Before his first trial, Defendant filed a motion to suppress this incriminating statement, which the district court denied.
{8} A ruling on a motion to suppress evidence presents a mixed question of law and fact. State v. Garcia,
{9} Pursuant to Miranda v. Arizona,
a. Defendant’s Waiver of Previously Invoked Right to Counsel
{10} Defendant argues that he did not waive his previously invoked Miranda right to counsel due to the “circumstances of [his] confinement” and the fact that the State did not “actually produc[e] an attorney” after he invoked his right to counsel during the first encounter with Detective Cunningham. In Edwards v. Arizona,
{11} In the present case, Defendant does not dispute that Detective Cunningham stopped questioning him and left the interrogation room after he invoked his right to counsel and that sometime later, Defendant knocked on the door to the interrogation room and asked to speak with her again. Under Edwards, we conclude that Defendant himself re-initiated contact with Detective Cunningham and expressed his desire to speak with her again. We also note that both Detective Kennedy, who was observing Defendant from outside the interview room, and Detective Cunningham reminded Defendant that he had invoked his right to counsel. Despite this reminder, Defendant voluntarily continued his second encounter with Detective Cunningham. We see nothing in the circumstances of Defendant’s confinement indicating that Defendant’s re-initiation of police contact was the result of any official coercion or pressure. Therefore, we conclude that Defendant willingly and freely made a choice to waive his previously invoked right to counsel. See Salazar,
{12} Defendant next argues that his incriminating statement should have been suppressed because Detective Cunningham failed to re-read him Miranda warnings when she re-entered the interview room at his request. Defendant relies on State v. Greene,
{13} We conclude that Defendant was still aware of his constitutional rights under Miranda when he re-initiated contact with Detective Cunningham. Only a few hours had passed from the time Defendant was first read his Miranda rights and his second encounter. He was given complete Miranda warnings at the start of his first encounter with Detective Cunningham, and at that time, he verbally indicated that he understood what his rights were and then he signed the initial waiver of rights form. More importantly, he had previously invoked his right to counsel and was aware that Detective Cunningham had honored his request by immediately ceasing the first interrogation. See Salazar,
b. Voluntariness of Statement
{14} Defendant also challenges the State’s proof of the voluntariness of his statement. We stated the general rule regarding voluntariness of a confession in State v. Lobato,
A confession is involuntary only if official coercion has occurred. Official coercion occurs when a defendant’s will has been overborne and his capacity for self-determination [has been] critically impaired. If, however, the confession is the product of an essentially free and unconstrained choice by its maker, it may be used against the defendant without offending due process. On appeal, we review the totality of the circumstances to determine as a threshold matter of law whether the [s]tate has proved by a preponderance of the evidence that [the defendant's confession was voluntary.
Id. (first alteration in original) (internal quotation marks and citations omitted).
{15} Defendant contends that his confession was not voluntarily given because he was held in isolation for one-and-a-half hours, separated from his wife and not allowed to communicate with her, and because he was told that “his fate ... depended [on] communications with the police in Las Cruces.” We are not persuaded. Defendant fails to provide record support for the length of time he was allegedly held in isolation. See State v. Garcia,
c. State Constitution
{16} Defendant also argues that the New Mexico Constitution affords him greater protection than the federal constitution. Specifically, Defendant argues that under the New Mexico Constitution, interrogators have an obligation to “supply an attorney” once a defendant has invoked his Fifth Amendment right to counsel. As Defendant acknowledges, no such obligation exists under federal law. See, e.g., Miranda,
{17} “Under our interstitial approach to interpreting the New Mexico Constitution, we may diverge from federal precedent where the federal analysis is flawed, where there are structural differences between the state and federal governments, or because of distinctive New Mexico characteristics.” State v. Garcia,
{18} To the extent that Defendant cites existing New Mexico precedent on this issue, we remain unpersuaded because neither State v. Rascon,
2. District Court’s Evidentiary Rulings
{19} Defendant next challenges two of the district court’s evidentiary rulings, arguing that the district court erred in: (1) refusing to allow Defendant to ask Detective Cunningham whether she supplied Defendant with an attorney during the interrogation; and (2) denying Defendant an opportunity to elicit testimony from his relatives regarding his non-violent character. “Generally speaking, a reviewing court defers to the [district] court’s decision to admit or exclude evidence and will not reverse unless there has been an abuse of discretion. However, our review of the application of the-law to the facts is conducted de novo.” State v. Martinez,
a. Detective Cunningham’s Testimony
{20} Defendant first contends that the district court abused its discretion when it refused to allow him to ask Detective Cunningham during cross-examination whether she “ma[de] an attorney available to him” following his request for counsel during the interrogation. Defendant argues that he should have been allowed to pursue this line of questioning with Detective Cunningham because it was relevant to the issue of the voluntariness of Defendant’s incriminating statement. At trial, the district court told defense counsel that he could inquire about the voluntariness of the statement, but that asking Detective Cunningham whether she made an attorney available to Defendant was “the same thing as implying they [i.e., police officers] ha[d] a duty to make a lawyer available to [Defendant].”
{21} We agree with Defendant that the voluntariness of his incriminating statement was at issue. However, to the extent that we understand Defendant’s argument, we are not persuaded that the district court abused its discretion on this evidentiary ruling. The district court understood the law with respect to an officer’s duties during an interrogation and the law regarding the voluntariness of a statement obtained after a defendant has waived his right to counsel. Cf. State v. Elinski,
b. Character Evidence
{22} Defendant also claims that the district court abused its discretion when it refused to allow him to elicit testimony from his family members about his non-violent character. Specifically, Defendant argues that the district court erred when it refused to allow defense counsel to ask one of the defense witnesses whether she knew if Defendant had “ever act[ed] violently towards anyone.” The State argues that Defendant failed to preserve this issue for appeal because defense counsel withdrew the question after the State’s objection to the question and later, defense counsel approved the district court’s limiting instruction on the question.
{23} In order to preserve an issue for appeal, Defendant must make a timely objection that specifically apprises the district court of the nature of the claimed error and invokes an intelligent ruling thereon. State v. Varela,
{24} On this issue, Defendant’s brief refers to events from the first trial. Our review of the record on this issue, however, is limited only to the testimony from Defendant’s second trial, which is the trial that resulted in his convictions. The transcript of the second trial reveals that immediately after defense counsel asked Defendant’s sister-in-law whether Defendant had ever acted violently toward anyone, the State objected to the question on relevancy grounds. The following exchange then took place between the parties and the district court:
[C]ourt: [To defense counsel:] [W]hat’s the relevancy of that question?
[Defense]: Propensity for violence.
[State]: May we approach?
[Defense]: Withdraw[n],
[C]ourt: Objection sustained.
Defense counsel then abandoned this line of questioning. Because Defendant withdrew his question without alerting the district court and the State to any argument that the question would have elicited proper character evidence under Rule 11 — 404(A)(1) NMRA, Defendant failed to provide the district court with a factual or legal basis on which to make an informed ruling that we can review on appeal. State v. Frazier,
{25} In addition, after defense counsel finished questioning the defense witness, the State asked for a limiting instruction on the withdrawn question. Again, defense counsel did not raise any objection to the State’s request, and he affirmatively stated that he agreed with the district court’s proposed limiting instruction. Cordova v. Taos Ski Valley, Inc.,
{26} Because we conclude that the issue was not preserved for appeal, we decline to address the parties’ arguments as to the merits of Defendant’s attempt to elicit character evidence on his non-violent nature pursuant to Rule 11-404 and Rule 11-405 NMRA.
3. Ineffective Assistance of Counsel
{27} Defendant argues that he was denied effective assistance of counsel because his trial attorney failed to consult with, retain, or present the testimony of an expert witness on shaken baby syndrome. Defendant contends that the “results of th[e] trial would likely have been different if defense counsel had called or consulted with an expert” and accordingly, he seeks reversal of his convictions or, in the alternative, remand to the district court for an evidentiary hearing on defense counsel’s effectiveness.
{28} We review claims of ineffective assistance of counsel de novo. State v. Boergadine,
{29} To show deficient performance, Defendant must overcome the presumption that counsel’s conduct was within “the wide range of reasonable professional assistance.” State v. Dylan J.,
{30} A defendant must also affirmatively prove prejudice. See State v. Dietrich,
{31} If a prima facie showing of ineffective assistance is made, the Court may remand the ease for an evidentiary hearing if unusual circumstances exist. Dylan J.,
{32} Defendant argues that because expert testimony is an essential component of cases involving shaken baby syndrome, his attorney’s failure to consult with or present a defense expert at trial prevented him from challenging the State’s theory of the case. Defendant asserts that a defense expert could have countered the State’s assertions that Defendant inflicted the injuries to his daughter, that the injuries were sustained immediately, and that the injuries were indicative of shaken baby syndrome. Defendant acknowledges, however, that the record reveals only that his trial attorney did not present expert testimony at trial but does not “disclose what efforts, if any, counsel made behind the scenes” with respect to consulting with or retaining a defense expert.
{33} We agree with Defendant’s characterization of the trial record and conclude that the evidence before us is not sufficient to allow us to determine whether defense counsel’s performance was deficient, and if so, whether Defendant was prejudiced as a result. On the basis of the record before us, we are not persuaded that Defendant has established a prima facie case of ineffectiveness. We cannot state with certainty that Defendant’s trial counsel did not retain or consult with a medical expert on shaken baby syndrome. Although the record indicates that at some point during the pre-trial proceedings, defense counsel made unsuccessful attempts to interview and consult with experts, it is unclear whether Defendant’s attorney had subsequent success in this endeavor. There is also no information in the record regarding defense counsel’s efforts with respect to any potential defense experts during the time period between the first and second trials. On this record, we will not speculate as to what happened behind the scenes with respect to defense counsel’s decisions regarding potential defense experts. See Dylan J.,
{34} We note that our Supreme Court has “expressly rejected the contention that the failure to introduce the testimony of an expert witness constitutes ineffective assistance of counsel per se.” Lytle v. Jordan,
{35} Defendant’s reliance on Aragon is misplaced because that case is factually distinguishable from the factual record in this ease. In Aragon, we concluded that the defendant in a child abuse case had demonstrated a prima facie case of ineffectiveness due to his trial counsel’s “failure to engage an expert for consultation, combined with her failure to conduct adequate pre-trial interviews of the [s]tate’s experts.”
{36} Thus, we conclude that Defendant has not demonstrated a prima facie case of ineffectiveness. We clarify, however, that our determination does not preclude Defendant from pursuing these arguments in a collateral proceeding for habeas corpus relief, where he can develop a proper record. See State v. Bernal,
4. Sufficiency of the Evidence
{37} We next address Defendant’s contention that there was insufficient evidence presented at trial to support his convictions for intentional child abuse. “In reviewing the sufficiency of the evidence, we must view the evidence in the light most favorable to the guilty verdict, indulging all reasonable inferences and resolving all conflicts in the evidence in favor of the verdict.” State v. Cunningham,
{38} The sufficiency of the evidence is assessed against the jury instructions because they become the law of the case. State v. Smith,
{39} We conclude that there was sufficient evidence to support the jury’s verdict as to all three counts. Defendant’s wife testified at trial that Defendant was the last person with Diana before Diana stopped responding and went into respiratory distress on the evening of January 11, 2005. The State presented extensive medical testimony from Diana’s treating physicians as to the nature of her injuries after she was transported by emergency personnel to the hospital. Dr. Crowley, Diana’s treating physician, testified that Diana’s injuries included a traumatic brain injury, rib fractures, and bucket-handle fractures of both of her femurs; that her rib and femur fractures were at different stages of healing; and that she stopped breathing within minutes of suffering the traumatic brain injury. Dr. Crowley testified that Diana’s injuries were consistent with child abuse. Additionally, the State presented Diana’s autopsy results, which had concluded that the manner of Diana’s death was homicide and that Diana had suffered a rapid acceleration-deceleration injury consistent with “shaken impact syndrome.” Dr. Paul, the pathologist who performed Diana’s autopsy, opined that Diana “died of multiple blunt force injuries, ... head injuries, rib fractures, and femur fractures as a result of child abuse.” The State also presented photographic evidence of Diana’s injuries. Moreover, the State presented the testimony of Detective Cunningham, who testified regarding the incriminating statements Defendant made during his interrogation. Defendant told Detective Cunningham that he had picked Diana up and squeezed her “[h]ard enough to hurt her” a couple of weeks before she died. He admitted to pulling Diana’s legs while changing her diaper and hearing them pop a few weeks before her death. He also admitted that he had squeezed Diana’s head on the morning of January 11. Viewing the evidence in the light most favorable to the verdicts, we conclude that a reasonable jury could have found that Defendant committed intentional child abuse.
{40} On appeal, Defendant re-asserts his innocence and contends that the State’s own experts testified that Defendant’s acts of squeezing Diana while hugging her and squeezing her head did not cause her fatal injuries. However, “[o]n appeal, we will not reweigh the evidence nor substitute our judgment for that of the faet[ ]finder provided that there is sufficient evidence to support the verdict.” State v. Collins,
5. Cumulative Error
{41} Lastly, Defendant argues that cumulative error deprived him of a fair trial. The cumulative error doctrine calls for reversal of a conviction “when the cumulative impact of the errors that occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” See Bailey,
CONCLUSION
{42} For the foregoing reasons, we affirm Defendant’s convictions.
{43} IT IS SO ORDERED.