The one-time Mexia resident died of a drug overdose in 2007. (File)
LOS ANGELES (November 3, 2012)--Prosecutors are asking a California appeals court to change its ruling and allow a retrial for Howard K. Stern, the former boyfriend and manager of Anna Nicole Smith.
The court ruled Oct. 19 that a trial judge erred in dismissing conspiracy convictions against Stern and Smith's psychiatrist, but it said Stern could not be retried without violating his protection against double jeopardy.
The case revolves 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 appellate court gave no guidance on what the trial judge should do next.
The motion filed Friday asked that the court modify its ruling or grant a rehearing.
The one-time Mexia chicken restaurant waitress left Central Texas to dance in strip clubs and ended up on the cover of Playboy magazine.
She married an elderly tycoon and eventually starred in a reality TV series.
The Houston-born model died Feb. 8, 2007 after collapsing in her Miami-area hotel room when she was just 39.