Paul and Ruben Flores were back before a Monterey County Superior Court judge Thursday.
It was the first court appearance for Paul, 46, since he was reportedly attacked at Pleasant Valley State Prison (PVSP) and hospitalized last month.
Paul is now serving out his 25 years-to-life sentence at PVSP in Fresno County for the murder of Cal Poly freshman Kristin Smart in 1996.
Chris Peuvrelle, the prosecutor for the Kristin Smart murder trial, and Judge Jennifer O'Keefe were in the courtroom Thursday morning.
Appearing remotely were DA investigator JT Camp and some Smart family members along with Ruben and attorney Harold Mesick. Paul was requesting Mesick represent him during the restitution portion of his case.
Since Mesick represented Ruben during the lengthy trial last year, both father and son had to wave conflict of interest, which was done before Judge O'Keefe Thursday and approved.
A separate hearing for the restitution determination was set for Nov. 16.
Mesick told KSBY Thursday that Paul is recovering well from his injuries last month and that his client is optimistic about his appeal.
Ruben was charged with being an accessory to Smart's disappearance and tried alongside his son but was acquitted by a separate jury.
The California Department of Corrections and Rehabilitation has not responded to KSBY’s most recent request for information on Paul’s condition but said he was back at the prison in Fresno County two days after the incident.
Following sentencing, the San Luis Obispo County District Attorney's Office said Paul could be eligible for parole in about 15 years.
