Carlie Brucia's killer appeals death sentence

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SARASOTA, Fla. - The man convicted of killing 11-year-old Carlie Brucia in 2004 is appealing his death sentence to Florida's Supreme Court. 

Joseph Smith was found guilty of the 2004 kidnapping, sexual battery and murder of the young girl in Sarasota County.  Smith's attorney claims a number of errors in his trial led to his death sentence. 

Florida's Supreme Court judges will hear the argument Wednesday.  Smith's appeal requests a new trial or penalty phase.

This is the second appeal for Smith, who is currently on death row in a Tallahassee prison.