The district attorney's office filed the notice of appeal with the Superior Court on Friday. A spokeswoman says the appeal will be filed at a later date.
In January, Judge Robert Perry threw out convictions against Kristine Eroshevich and Howard K. Stern, describing the prosecution's case as overly complicated and not supported by sufficient evidence.
The ruling cleared Stern of all charges and left Eroshevich with one misdemeanor conviction. Smith's primary care physician, Dr. Sandeep Kapoor, was acquitted of all counts.
Smith died of an accidental drug overdose in February 2007.
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