The man convicted of killing Kristin Smart filed a new appeal in the California Court of Appeal on Monday, seeking a reversal or reduction of his sentence to second-degree murder.
Paul Flores was convicted of first-degree murder in October 2022, and was subsequently sentenced to 25 years to life. His new filing, from July 7, 2025, repeats claims he made in his initial appeal from October 2024, alleging his 14th Amendment rights to due process were violated.
Flores argues that a combination of seven errors led to an unfair trial.
One of his main claims is that Juror No. 273 demonstrated bias during the trial. According to court documents, the juror had emotional outbursts, admitted to struggling with neutrality and was observed communicating with a bailiff and outside parties. Flores’ defense team filed four separate motions to have the juror dismissed, all of which were denied.
Flores also argues that the prosecution should not have been allowed to present testimony from two women who accused him of drugging and raping them in separate, unrelated incidents. His legal team claims the testimony was inflammatory and not relevant to the murder case, as there was no evidence Kristin Smart was sexually assaulted.
Another point raised in the appeal is that a witness testified Smart appeared to have been roofied the night she disappeared, but that statement was allegedly based on hearsay from a student newspaper article, not personal observation.
Flores’ attorney further accused the prosecution of misconduct for showing explicit images during the trial, including a photo of a woman who was gagged with a red ball gag found on Flores’ computer. During the trial, Judge Jennifer O’Keefe ordered the jury to only consider the photo as corroborating evidence of the two women who testified against him, as one said that Flores had a red ball gag. Flores’ brief claims that the photos were used to portray him as sexually deviant and bias the jury against him.
The appeal also challenges the jury instructions related to felony murder. Flores’ legal team argues the instructions removed the need for the jury to find intent, which is required for a first-degree murder conviction. They also contend there was insufficient evidence to prove premeditation.
Flores filed his first appeal in October 2024. Prosecutors responded in April 2025, calling the claims meritless and defending the fairness of the trial. They argued the inclusion of prior sexual assault testimony was legally permissible and that any errors would not have changed the outcome.
READ MORE: Paul Flores files for appeal in conviction for murder of Kristin Smart
Flores is currently serving his sentence at Corcoran State Prison after being transferred from Pleasant Valley State Prison due to safety concerns following two separate attacks by inmates.
As of July 13, no date has been set for oral arguments in the new appeal.