New motion filed by Donald Smith

Donald Smith filed a new motion Friday to prevent him from getting the death penalty under the new sentencing statute.

In the motion, he argues the court can not apply a new criminal statute retroactively. He argues the court must apply the law in effect at the time of the crime, which was in 2013.

This year, the Supreme Court ruled Florida's death penalty in effect in 2013 was unconstitutional.

Smith argues the maximum sentence he can received is life in prison with no chance for parole.

His next court date is May 26th.