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Courtney Arraignment Delayed

Singer expected to make plea next month

October 31, 2003 12:00 AM ET

Courtney Love's arraignment on a misdemeanor count of being under the influence of a controlled substance -- stemming from an October 3rd arrest -- was postponed Friday, the second time the case has been delayed.

Love's attorney William Genego appeared in a downtown Los Angeles courtroom this morning to ask Los Angeles Superior Court Commissioner John W. Green for extra time before entering Love's plea in the case. Deputy City Attorney Matthew Schonbrun, the prosecutor in the case, objected to the request, saying Love's "celebrity status" should not affect the case.

After taking Schonbrun's objections into consideration, Judge Green ruled in favor of the defense. "A second continuance on an arraignment, while not the norm, is not uncommon," he said "And I'm prepared to grant up to two weeks." Love's counsel agreed to return to court November 14th, to enter Love's plea to the charge.

The misdemeanor charge stems from Love's arrest in the early hours of October 3rd after she allegedly broke windows at the home of ex-boyfriend Jim Barber. Love was booked in violation of Health and Safety Code 11550, under the influence of a controlled substance. Shortly after her release, emergency workers responded to a 911 call and Love was rushed to an emergency room after an apparent overdose.

"We need more time to review the discovery and explore what our options are on the case," Genego told Rolling Stone. "We still haven't gotten the medical report." Although the maximum penalty for the misdemeanor charge is up to a year in jail, Genego believes Love is still eligible for California Proposition 36, a program that allows first-time offenders to enter rehab instead of serving jail time. "You can go to trial and be convicted and still be eligible for Proposition 36," he continued. "And she is [eligible]. That's one of the options we have available to us."

Love's arraignment on the misdemeanor charge will follow her November 12th arraignment in Beverly Hills by the District Attorney on two separate felony drug possession counts stemming from the same incident.

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