SAN LUIS OBISPO, Calif. — More than 26 years after Cal Poly student Kristin Smart disappeared, Paul Flores is scheduled to be sentenced for her murder.
A Monterey County jury convicted the San Pedro man of first-degree murder on Oct. 18 while a separate jury acquitted his father, Arroyo Grande resident Ruben Flores, of helping his son conceal the crime.
Before the sentencing, a Monterey County Superior Court judge will rule on whether Paul Flores should get a new trial.
His attorney, Robert Sanger, filed two motions earlier this month, claiming Flores did not receive a fair trial and asking the judge to overturn the jury’s guilty verdict.
On Monday, the San Luis Obispo County District Attorney’s Office called for the court to deny the defense attorney’s request for a second trial.
“The claims of misconduct are baseless and the claims of judicial error are incorrect,” the DA’s Office said in its response.
It is unclear at this time if Superior Court Judge Jennifer O’Keefe will rule on the motions based on the written arguments from the prosecution and defense or if she will also hear oral arguments.
Legal proceedings will completely restart if the judge grants the motion for a new trial, and if the judge overturns the verdict and acquits Flores he cannot be tried again for the crime.
If both motions are denied, Flores’ sentencing will take place immediately after.
The Smart family will have the opportunity to give victim impact statements and speak to what sentence they believe Flores should receive.
Flores faces 25 years to life in prison, or life without parole.
The hearing regarding the defense’s motions will take place at 9 a.m. Friday.
