LUFKIN, TX (KTRE) -
A Lufkin man who a jury convicted in 2005 of killing twin fetuses is filing an appeal on the grounds that his sentence is unlawful.
Lufkin Police arrested Gerardo Flores, 25, on May 7, 2004, after they learned he had killed his girlfriend's twin fetuses by kicking her in the stomach. Throughout the investigation and subsequent trial, he claimed he did it because she wanted an abortion.
Because state law prevents a woman from being charged with killing her own fetus, Flores had to go to trial on his own.
An Angelina County jury found Flores guilty of two counts of capital murder on June 7, 2005, and he was sentenced to life in prison.
Flores is filing a motion for writ of habeas corpus, meaning he is claiming he was unlawfully imprisoned.
In Judge Barry Bryan's courtroom Monday morning, the judge asked both sides to turn in their legal arguments to him within 10 days, and he will then send it to the court of criminal appeals in Austin.
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