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 killed 8-year-old Cherish Perrywinkle in 2013.
Up in the air is whether prosecutors will pursue the death penalty for Smith. This is because Florida's death penalty law is under review at the Florida Supreme Court.
Smith's attorney's have argued that the death penalty law in Florida is unconstitutional.
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