Jacksonville, FL — Donald Smith has now been formally sentenced to death for the 2013 murder of 8-year-old Cherish Perrywinkle.
Judge Mallory Cooper imposing the sentence today, after a jury unanimously recommended Smith get the death penalty back in February.
“Donald Smith, you have not only forfeited your right to live among us, but under the laws of the State Of Florida, you have forfeited your right to live at all,” Cooper said.
FULL COVERAGE: The trial of Donald Smith
In addition to the murder charge, Smith was convicted of the sexual battery and kidnapping Cherish. He took the girl from a Northside Walmart, after befriending her mother and offering to buy clothing for Cherish and her sisters. Cherish's body was found in a marshy area the next day.
"Donald James Smith, may God have mercy on your soul,” Cooper said as she delivered the sentence.
His convictions were also unanimous, taking the jury only minutes to deliver.
Cherish's mother was in the courtroom for the sentencing, getting emotional as the judge delivered the final decision.
The defense had argued during the penalty phase that Smith couldn't control his impulses because of a history of drug abuse, over- and under-developed portions of his brain, and other factors.
This is a developing story and we’ll have updates and reaction throughout the morning on WOKV.com.
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