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Man accused in death of Cherish Perrywinkle expected in court

DUVAL COUNTY, Fla. — The man accused in the rape and murder of an 8-year-old girl was back in front of a judge in Duval County Court Tuesday morning for a pretrial hearing.
 
Donald Smith faces first-degree murder and other charges for the death of Cherish Perrywinkle. A trial date has not been set.

Originally, public defender Matt Shirk represented Donald Smith. However, earlier this year he took himself off the case due to a conflict of interest. The judge then appointed Julie Schlax as his new attorney, and it took some time to get Smith's files from the public defender's office so they could begin their defense. 
 
However, reports indicate the trial could continue to get bogged down with questions as to whether or not Smith is mentally competent to face the death penalty.

Police said Smith befriended Cherish and her mother, Payne Perrywinkle in June 2013. Cherish disappeared after the two went to eat. Her body was found the next morning.
 
Smith is due back in court for another pretrial hearing on July 2 at 1:30 p.m. Smith's mother is expected to testify at the pretrial hearing.

A trial date has not bee set.

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