RIO GRANDE CITY, Texas (AP) — A Texas district attorney says he will ask a judge to dismiss a murder indictment against a woman who allegedly gave herself an abortion.

Lizelle Herrera was arrested Thursday in Rio Grande City after a Starr County grand jury indicted her on March 30 for murder for causing the death of a fetus or embryo through a self-induced abortion.

On Sunday, District Attorney Gocha Allen Ramirez said his office would seek to dismiss the charge on Monday.

In a statement, Ramirez said that after reviewing applicable state law, it was “clear” that the 26-year-old woman “cannot and should not be prosecuted for the allegation against her.”