LOS ANGELES (AP) - Prosecutors are asking an appellate court to change its ruling and allow a retrial for Howard K. Stern, the former boyfriend and manager of Anna Nicole Smith.
A California appeals court ruled that Stern could not be retried without violation of his protection against double jeopardy.
The court said a trial judge erred in dismissing conspiracy convictions against Stern and Smith's psychiatrist in a case that revolved around obtaining prescription drugs for the celebrity model under false names.
The trial judge found it was not unusual for celebrities to use fake names to protect their privacy.
The motion filed Friday asked that the court modify its ruling or grant a rehearing. The appellate court gave no guidance on what the trial judge should do next.