JACKSONVILLE, Fla. —

Cherish Perrywinkle should’ve been celebrating her16th birthday this Dec. 24.

Instead, when she was just 8-years-old, her life was taken from her in a horrific crime that rocked the community in June 2013.

In 2018, Donald Smith was convicted of the kidnapping, rape, and murder of the little girl. It took the jury about 15 minutes to find him guilty.

Now, Smith is trying to overturn his conviction and death sentence in a last-ditch legal effort.

Wednesday, the Florida Supreme Court will hear arguments whether Smith should get a new trial.

RELATED STORY: Cherish Perrywinkle case: Justices take up appeal from Donald Smith, man sentenced to death in Jacksonville girl’s murder

Rayne Perrywinkle said her daughter’s killer doesn’t deserve a new trial and he belongs in prison until he’s executed.

In a statement to Action News Jax she wrote in part, “I believe in the death penalty. I always have. I always will. Death should mean death.”

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