Paul Flores was convicted of murdering Kristin Smart. What happens now?
Paul Flores was convicted of the first-degree murder of Kristin Smart by a Monterey County jury Tuesday, marking the end of the 26-year old criminal case.
Flores had long been named a person of interest in the case and has always maintained his innocence, with his attorney, Robert Sanger, moving for a mistrial at least nine times and moving for a dismissal at least three times since the case entered the court system in 2021. All were ultimately unsuccessful.
Over three months, 12 jurors heard the evidence, cross-examination and arguments, then deliberated for just over four court days before coming to their decision.
After the verdict was read, Monterey County Superior Court Judge Jennifer O’Keefe remanded Flores into back into custody, and he is currently at San Luis Obispo County Jail, according to the San Luis Obispo Sheriff’s Office inmate locator.
So, what’s next for Flores?
How long will Paul Flores be in prison?
Paul Flores’ sentencing is scheduled for 9 a.m. on Dec. 9 at Monterey County Superior Court.
For first-degree murder, he faces 25 years to life in state prison or life without parole.
Under the current penal code, the death penalty is also a sentencing option, but Gov. Gavin Newsom put a moratorium on capital punishment sentences in 2019.
Flores will remain in County Jail custody until he is sentenced, after which he will be sent to a state prison.
According to California Department of Corrections, Flores first will be sent to a “reception center” where he will be processed after his sentence is imposed. He will then receive a classification score that weighs length of sentence, stability, education, employment and behavior.
That score will determine the type of facility he will be sent to. The score can change over time depending on behavior and other factors, which could cause him to be transferred to a different prison.
If Flores is sentenced to 25 years to life, he will be eligible for parole in about 15 years with the time he’s already served and if he has good behavior.
At that time, a parole board would then hold a hearing to decide whether Flores should be granted parole. If he is not granted parole, the board will review his case in the coming years at intervals they’ll determine: three, five, seven, 10 or 15 years.
Will Paul Flores lawyer move for a 10th mistrial?
Between now and Flores’ sentencing, Sanger has an opportunity to file for another mistrial or for a new trial.
He seemed to indicate this was the plan Tuesday when he asked to push the sentencing back to make sure they “do what we need to do before sentencing.” He also told reporters outside the courthouse the case was still pending.
Usually, sentencing takes place within 20 days of a conviction.
Harold Mesick, whose client Ruben Flores, Paul Flores’ father, was acquitted of helping his son conceal the murder, also indicated Sanger plans to make a motion.
“It is very likely that Paul’s attorney will file for a new trial on several grounds. You can probably expect that from Mr. Sanger,” Mesick told reporters Tuesday outside the courthouse after the verdicts were read.
A motion for a new trial would likely require a hearing and could potentially push the sentencing date back further.
Flores will not be able to appeal his conviction until his sentencing date, so if his sentencing still takes place Dec. 9, he’ll have 60 days from then to file an appeal.
That would then go through the appellate court process, and appellate judges would have to decide whether they would hear his case.
