Hollywood actor Tom Sizemore has appealed his conviction for assaulting former girlfriend HEIDI FLEISS - arguing the main evidence, a photograph of Fleiss with facial bruises, was fabricated.

The picture was taken in April 2003 by Fleiss' friend TARA DABRIZZI, who reportedly left the United States the day after taking the photo.

Sizemore's defence attorney MICHAEL J ROVELL told the court they had been unable to find Dabrizzi, and questioned whether she even exists.

The SAVING PRIVATE RYAN star has also found two witnesses who claim they saw Fleiss around the time the photo was supposedly taken and did not notice marks or bruises on her face.

Deputy City Attorney ROBERT CHA, who prosecuted Sizemore, said, "I completely deny that she doesn't exist."

According to Sizemore's lawyers, the judge wants the city attorney's office to show why the conviction should not be thrown out.