Lawyers for Donald Smith want death penalty off table

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JACKSONVILLE, Fla. - RELATED: Ruling by U.S. Supreme Court impacts Florida's death penalty sentencings

Attorneys for Donald Smith, the man accused of accused of kidnapping and killing 8-year-old Cherish Perrywinkle, want the death penalty taken off the table when the case goes to trial later in 2016.

Smith’s lawyers filed the motion, citing the U.S. Supreme Court’s Jan. 12 ruling that Florida’s death penalty is unconstitutional.

Smith will not stand trial for the murder until at least April. Prosecutors had been seeking a a first-degree murder conviction and the death penalty.  It has not yet been ruled whether Smith will stand trial in Duval County.

Smith is accused of kidnapping, raping and murdering Perrywinkle two years ago.

Her body was found near a creek the day after she disappeared with Smith when the two went to get food.