A mum-of-two who let her baby girl freeze to death in brutal winter weather as she slept just metres away is set to avoid jail.

Misty Marie Cutburth’s 10-month-old daughter Kendall died of hypothermia on a night when the temperature had plunged to 0C.

The 24-year-old mother left the girl in a room where the windows were wide open despite the freezing air outside. 

It is also reported that the baby had been exposed to “chronic methamphetamine use” in her final weeks, and police found Cutburth’s fingerprints on meth paraphernalia inside the flat.

A plea deal made with prosecutors on May 8 recommends she gets the full 10 years, however the prison sentence will be suspended if she is accepted into a drug treatment programme.