Key facts
- California appeals court upheld Harvey Weinstein's 2022 rape and sexual assault conviction.
- The court ordered Weinstein to be resentenced.
- Weinstein was convicted of one count of rape and two counts of sexual assault in California.
- He received a 16-year prison sentence in California.
- New York prosecutors dropped a separate case against Weinstein.
- Weinstein remains incarcerated and convicted of another sexual felony in New York.
A California appeals court has upheld the 2022 rape and sexual assault conviction of Harvey Weinstein, though it has ordered his trial judge to resentence him. The unanimous decision by a three-judge panel from the California’s 2nd District Court of Appeal comes a day after prosecutors in New York decided not to pursue a fourth trial against Weinstein, dropping the #MeToo-era case after the accuser stated she could not testify again. Weinstein's spokesperson, Juda Engelmayer, expressed disappointment with the decision but noted the court correctly recognized his sentence could not stand. In the California case, Weinstein was convicted in December 2022 of one count of rape and two counts of sexual assault against an Italian model and actor, receiving a 16-year prison sentence. His lawyers had argued on appeal that testimony from a film festival head was unfairly limited during the Los Angeles County trial. Weinstein, 74, remains incarcerated and convicted of another sexual felony in New York, though the rape charge there had been unresolved following an overturned conviction and two hung juries.