JACKSONVILLE, Fla. — Attorneys are asking that the death penalty sentence be taken off the table for accused killer Donald Smith.
Smith appeared in court Tuesday morning. He is accused of kidnapping, raping and killing 8-year-old Cherish Perrywinkle more than two years ago.
Lawmakers in Tallahassee Tuesday began the discussion on how to move forward with the death penalty system in Florida.
Last month, the U.S. Supreme Court ruled the current system unconstitutional because it gives the judge a final say on the death penalty instead of the jury.
Bills introduced by State Sen. Thad Altman and Rep. Jose Javer Rodriguez would require a unanimous vote from jurors. If those bills pass and Smith is found guilty of his crimes, a jury could decide to put him to death.
There are about 390 inmates in Florida on death row.