JACKSONVILLE, Fla. -- The long-delayed trial of accused rapist and murder Donald Smith will take place in 2018.

At a hearing Thursday, his trial was set for Smith next February. The next hearing in the case is set for August.

Smith is accused of kidnapping, raping and killing 8-year-old Cherish Perrywinkle in 2013.

The defense motion to take the death penalty off the table was denied Thursday morning. Smith's attorneys have argued that the death penalty law in Florida is unconstitutional.