Court hearing for accused murderer Luis Toledo

VOLUSIA COUNTY, Fla. -- (WKMG) -- Accused triple murderer Luis Toledo is asking that the death penalty not be sought during his upcoming first-degree murder trial, according to court documents.

Toledo's attorney filed a motion claiming that the notice of intent to seek the death penalty that the state of Florida filed on March 28, 2014, approximately 39 days after Toledo's arraignment, is no longer valid because the state's death penalty requirements have changed since then.

The motion goes on to say that the state should have filed a second notice that met the state's updated requirements after Florida changed its death penalty-law on March 13 of this year.

Under Florida law, the notice of intent to seek the death penalty must be filed within 45 days of the defendant's arraignment, but because Toledo was arraigned in 2014, it's too late to file a new notice that meets the new standards, according to Toledo's attorney.