A state appeals court panel Friday upheld a San Pedro man's conviction for murdering his former Cal Poly San Luis Obispo classmate Kristin Smart, who was last seen walking back to the college dormitories from an off-campus party nearly three decades ago.
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The three-justice panel from California's 2nd District Court of Appeal rejected the defense's claims that there were errors in Paul Ruben Flores' trial.
Flores, now 49, had long been considered a "prime suspect" by authorities and was arrested in April 2021 at his home in San Pedro.
He was charged a day later with killing the 19-year-old freshman -- whose body has not been found -- on May 25, 1996, while he was "engaged in the commission of, or attempting to commit, the crime of rape."
Smart was last seen walking back to her dorm with Flores -- both were then 19-year-old college freshmen -- about 2 a.m. that day, authorities said. She was reported missing three days later.
Flores was convicted of Smart's murder and is serving a 25-year-to- life state prison term.
In a 29-page ruling, the appellate court panel found that "the jury could reasonably conclude Flores murdered Smart in the commission of a rape or attempted rape, even without the testimony of the women who said Flores drugged and raped them."
"The addition of the testimony of the two women makes the evidence not simply substantial, but overwhelming," the appellate court panel found.
The panel also rejected the defense's contention that the trial court had erred in refusing to dismiss a juror and a claim that cumulative error required reversal of his conviction or at least a reduction to second-degree murder.
"There was no cumulative error here," the panel added.
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