Jacksonville, FL — The man accused of killing a young Jacksonville girl four years ago could face the death penalty if he's convicted.
A judge this morning denied a defense motion by Donald Smith to pull the death penalty off the table.
Smith was arrested following the abduction and murder of 8-year-old Cherish Perrywinkle in 2013.
He's scheduled for a trial in February.
Smith’s case has been delayed multiple times, most recently as a result of changes in Florida’s death penalty sentencing process.
Defense motion denied. Judge allows prosecutors to seek death penalty against Donald Smith for death of Cherish Perrywinkle. @ActionNewsJax
— Beth Rousseau (@BethANJax) November 2, 2017
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