Stern seeks dismissal of conviction in Smith case

File photo: Anna Nicole Smith pictured at the World Music Awards at the Thomas Mack Convention Center on September 15, 2004 in Las Vegas, Nevada. Smith died of a drug overdose in 2007 in Florida.
File photo: Anna Nicole Smith pictured at the World Music Awards at the Thomas Mack Convention Center on September 15, 2004 in Las Vegas, Nevada. Smith died of a drug overdose in 2007 in Florida. Amanda Edwards/Getty Images

Howard K. Stern has asked a judge to dismiss his conviction for obtaining prescription drugs under a false name for his former lover, the late Playboy model Anna Nicole Smith.

If dismissal is refused, Stern sought a new trial or reduction of his two convictions to misdemeanors. He was acquitted of seven charges and the judge dismissed two others.

Stern maintains that using false names on prescriptions to protect a celebrity's privacy is a common practice in Los Angeles.

His lawyer J. Christopher Smith said in a motion filed Tuesday that Stern believed it was legal for Dr. Khristine Eroshevich, a co-defendant, to prescribe medication to Smith using Stern's name.

Stern and Eroshevich are scheduled for sentencing Jan. 6. Smith died of a drug overdose in 2007 but the defendants were not charged in her death.

© 2010 The Associated Press.

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