Mom who tossed toddler from window in court

SAN JOSE, Calif.

Prosecutors have only charged Lupita Cortez with child abuse and child endangerment and not attempted murder.

They say the decision is based on information about her mental state. Her 22-month-old survived the fall on Christmas day with bumps and bruises.

Cortez is being treated for broken bones and jumping from the same window when officers arrived at her home.

Police say the mother had been hospitalized with depression just days earlier.

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