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Attorneys Successfully Challenge 1 Count Against Harvey Weinstein As Beyond Statute Of Limitations

LOS ANGELES (CBSLA) — The defense team for disgraced movie mogul Harvey Weinstein convinced a judge to amend one of the sex-related counts he faces here in Los Angeles.

Weinstein's defense team asked a judge to dismiss three of the 11 counts the former movie producer faces here in Los Angeles. They claim three counts -- sexual battery by restraint, forcible oral copulation and forcible rape involving two women between 2004 and 2010 -- are beyond the statute of limitations.

The judge rejected their arguments on two charges, but instructed prosecutors to return to a grand jury to amend a third charge -- sexual battery by restraint.

Weinstein was extradited from New York – where he was convicted of rape and was serving a sentence of 23 years in prison -- to Los Angeles, where he is charged with sex-related counts involving five women. He has pleaded not guilty to the charges.

If convicted as charged, Weinstein faces a sentence of 140 years on top of the time he's serving from his conviction in New York.

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