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Court says judge erred in tossing charges

Oct. 19, 2012 at 1:50 PM
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LOS ANGELES, Oct. 19 (UPI) -- A California court ruled a judge was wrong when he dropped convictions against Anna Nicole Smith's lawyer and psychiatrist in a trial related to her death.

The appellate court's Thursday ruling will send psychiatrist Khristine Eroshevich and Howard K. Stern, the model-actress' boyfriend and lawyer, back to trial in Los Angeles, the Los Angeles Times reported.

In 2011, Judge Robert J. Perry threw out two conspiracy convictions each against Eroshevich and Stern, ruling that prosecutors hadn't proven the two intended to break the law when they used fake names to get powerful sedatives and painkillers for Smith.

However, in the decision by the 2nd District Court of Appeal, Judge P.J. Turner wrote that the conspiracy charges in the case of both defendants should be reinstated and that they should be re-sentenced.

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