Suspect in court in Cherish's killing

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Donald Smith appears in court.

JACKSONVILLE, Fla. - Donald Smith, the man accused of abducting and killing 8-year-old Cherish Perrywinkle in June, made a brief appearance in court Tuesday morning for a status conference.

The case is still on for a trial date in December, but because Smith has waived his right to a speedy trial and it's a death penalty case, that likely won't happen.

Smith's next pretrial date is Dec. 3.

A decision from Smith's lawyer on what materials he will seek to keep from the media is still being weighed.

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