The man convicted and sentenced to death in 2018 for the rape and murder of 8-year-old Cherish Perrywinkle is down one lawyer after one of his three attorneys resigned suddenly over the weekend.

JACKSONVILLE, Fla. – The mother of 8-year-old Cherish Perrywinkle was concerned Wednesday morning when Judge Mallory Cooper first sentenced Donald Smith to life in prison for kidnapping and rape. When Cooper announced Smith would be put to death for murder, Rayne Perrywinkle burst into tears. I just wish Cherish was here to see it," Perrywinkle said. UNCUT: Rayne Perrywinkle reacts to sentenceCherish was kidanpped from her mother at a Northside Walmart store in June 2013, raped and strangled. Earlier this year Smith was convicted of kidnapping, raping and killing Cherish, and a jury unanimously recommended he be sentenced to death.

DOCUMENTS: Donald Smith's death sentence | Judge's scoresheet | Cost of prosecutionCircuit Judge Mallory Cooper, who delayed her retirement to see the case through, sentenced Donald Smith to death for the 8-year-old girl’s murder in a widely anticipated ruling that upheld the unanimous recommendation from a jury. … Donald James Smith, may God have mercy on your soul." Rayne Perrywinkle hugs State Attorney Melissa NelsonWhile Nelson and Assistant State Attorney Mark Caliel expressed relief afterward, neither celebrated. The outcome also came as a relief to juror Paul Hinson, who was glad Cooper sided with the jury's recommendation. Despite Wednesday's ruling, the case is far from over because Smith is eligible for appeals down the road.

Cooper asked Smith if he was certain he didn't want to take the stand in his own defense, which he has a right to do. As the state's first defense witness, Rayne Perrywinkle glared at Donald Smith as she began her testimony. 'No one noticed'Surveillance footage from the store caught the image of Smith and Cherish exiting, the girl skipping out behind him. Schlax planned to cross-examine Perrywinkle, but after the mother's testimony, Smith told his attorneys not to ask her any questions. Criminal historyBefore his arrest for Cherish's death, Smith had a long criminal history dating back to the 1970s related to lewd and lascivious conduct.

JACKSONVILLE, Fla. – Two days into jury selection for the trial of a man accused of kidnapping, raping and killing an 8-year-old Jacksonville girl, dozens of potential jurors have been dismissed, many because they said they could not give Donald Smith a fair trial. RELATED: Cherish Perrywinkle: The case that shocked Jacksonville | Donald Smith trial: 5 things to know about the high-profile caseCircuit Judge Mallory Cooper said the court would try to seat a jury here before she would consider moving the trial. At least 300 potential jurors made up the initial pool, and about 200 more need to be interviewed. The court wants at least 80 potential jurors that can be narrowed down to 12 jurors and alternates. It’s uncertain if the penalty phase will start immediately.