JACKSONVILLE, Fla. – For the seventh time, a trial date has been set for Donald Smith in the 2013 kidnap, rape and murder of Cherish Perriwinkle.
The trial is scheduled for Feb. 5, 2018.
The case had been on hold because of rulings by the U.S. Supreme Court and Florida Supreme Court that resulted in changes made to the state’s death penalty law, the key change being that death sentences require a 12-0 jury recommendation.
Smith appeared in court for a hearing Thursday, which only lasted about 10 minutes. He remained silent as his attorney asked the judge if the could pass the case until August.
The state had no objections to returning to court in August. Prosecutors are seeking the death penalty in Smith's case.
His next pretrial hearing was set for Aug. 8 and the final pretrial hearing will be Feb. 1.