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Trial date set for man accused of killing Cherish Perrywinkle

The man accused of killing 8-year-old Cherish Perrywinkle is set for trial nearly five years after her death in Northwest Jacksonville.

Convicted sex offender Donald Smith was in court Thursday morning after his case was delayed because of a death penalty challenge. A hearing for Smith in January was canceled because lawmakers were weighing challenges to the death penalty law.

Smith is accused of taking Cherish from a Walmart in northwest Jacksonville in June 2013, then raping and killing her. Smith is also accused of dumping the child's body behind a church.

A judge on Thursday scheduled Smith's pretrial hearing for Aug. 8 and another for Feb. 1.

The judge said the trial will begin Feb. 5.

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