FILE - Cosmetics heir and former fugitive Andrew Luster, who was convicted of drugging and raping three women, is shown in this California Department of Corrections photo in this June 20, 2003 file photo. A California judge who threw out the 124-year prison term of an heir to the Max Factor fortune convicted of drugging and raping three women will hear arguments Tuesday April 16, 2013 on a new sentence for Andrew Luster. (AP Photo/California Department of Corrections, FILE)
April 16, 2013 - 5:41 AM
VENTURA, Calif. - A California judge who threw out the 124-year prison term of an heir to the Max Factor fortune convicted of drugging and raping three women will hear arguments Tuesday on a new sentence for Andrew Luster.
Attorneys for the 49-year-old Luster, who has been in prison for a decade, said they will ask for Superior Court Judge Kathryne Ann Stoltz to give him a sentence of 25 years or less.
Lustre's lawyers Jay Leiderman and J. David Nick said in court documents filed last month that Luster is not a sexual predator and has had a "stellar performance" in prison, the Ventura County Star reported.
Prosecutors argued in a sentencing memorandum filed last week that Luster's sentence was appropriate, but the original court's reasoning needed to be explained.
"The original sentence was not erroneous — only the record needed to be corrected," Deputy District Attorney Michelle Contois wrote.
It was not clear whether Stoltz would hand down the new sentence at Monday's hearing or sometime afterward.
Last month the judge refused a request to throw out Luster's conviction, but granted him a resentencing hearing, writing in her ruling that the court "failed to state specific reasons for imposing full consecutive sentences" as the law requires.
Lustre was arrested in 2000 and charged with giving three women the drug GHB and raping them at his beachfront home while they were unconscious.
He was convicted in 2003 of 86 felony counts while a fugitive. He was captured the same year in Mexico by reality TV bounty hunter Duane "Dog" Chapman.
News from © The Associated Press, 2013