The state attorney's office has decided to seek the death penalty against the suspect in the disappearance of 9-year-old Diana Alvarez.
Diana, who went missing on May 29, 2016, has never been found, but authorities believe she is dead and charged Jorge Guerrero-Torres with first-degree murder on May 3.
In order to seek the death penalty, a death penalty review committee needs to convene to review the facts of the case and make the decision that the death penalty is warranted.
In their filing to seek the death penalty, the state writes that Diana was under the age of 12 at the time of the alleged incident and because Guerrero-Torres "stood in a position of familial or custodial authority over the victim."
Diana's mother Rita Hernandez said she was told about the decision Friday morning.
"Let's hope he suffers first," Hernandez said.
"Let's hope we find my daughter's remains," she added.
Hernandez had previously said she hoped Guerrero-Torres could face the death penalty instead of a life sentence.
Guerrero-Torres was sentenced to 40 years in federal prison after jurors found him guilty of possessing child pornography in August, 2017. The images on his phone were of Diana.
Diana met Guerrero-Torres after he moved into a room at her Sheltering Pines home in 2015. Guerrero-Torres moved to Lee County in search of work and Hernandez and her partner, Uribe Jimenez, opened their home to him.
He confessed to detectives he had inappropriate contact with Diana during that time.
Evidence disclosed during his first appearance last week indicates Guerrero-Torres spoke with an inmate in jail about a possible murder.
Guerrero-Torres will be back in court on June 13.