A California appeals court panel has upheld Harvey Weinstein’s sexual assault conviction related to a 2013 Los Angeles case but vacated his 16-year prison sentence, ordering a new sentencing hearing, according to a docket update released Friday by the California 2nd District Court of Appeal.
The ruling leaves the underlying conviction intact while requiring the trial court to reconsider the punishment.
Ruling
The appellate court stated that the sentence must be “vacated and the matter remanded for re-sentencing,” while affirming the remainder of the judgment. The full written opinion had not been immediately released, and the specific reasoning behind the resentencing order was not disclosed in the docket update.
Weinstein’s conviction remains in place, but the length of his prison term will now be reconsidered by the trial court.
Case Background
Weinstein, 74, was convicted on December 19, 2022, of forcible rape, forcible oral copulation, and sexual penetration by a foreign object stemming from a 2013 incident involving a woman identified in court records as Jane Doe No. 1.
The Los Angeles jury also heard additional allegations involving other women but did not reach full agreement on several counts. Some charges resulted in deadlocked juries, while others ended in acquittals.
Prosecutors previously stated they did not intend to retry the counts on which jurors could not reach a verdict.
Trial Outcomes
The jury acquitted Weinstein on one sexual battery charge involving a separate alleged incident, while also failing to reach a verdict on a lesser related count. Other allegations tied to different women resulted in mistrials or unresolved counts.
The prosecution’s case included multiple allegations spanning different years and alleged victims, though only some charges led to convictions.
Defense Position
Weinstein and his legal team have consistently denied all allegations, arguing that any encounters were consensual. His attorneys have maintained that the prosecution’s case was based on disputed testimony and conflicting accounts.
New York Proceedings
Separately, Weinstein remains in custody and is awaiting sentencing in New York following a conviction for sexually assaulting former “Project Runway” production assistant Miriam Haley. Prosecutors there are seeking a 20-year prison sentence.
New York prosecutors recently announced they will not retry Weinstein on a separate rape charge involving Jessica Mann after an earlier conviction was overturned and a subsequent jury failed to reach a verdict.
Next Steps
The California case will now return to the trial court for a new sentencing hearing, where a judge will determine whether the original 16-year term should be modified.
Weinstein remains incarcerated as he continues to face ongoing legal proceedings in multiple jurisdictions.
FAQs
What did the appeals court decide?
It upheld the conviction but vacated the 16-year sentence for resentencing.
What crimes was Weinstein convicted of in LA?
Forcible rape, oral copulation, and sexual penetration by force.
Is the conviction overturned?
No, only the sentence was vacated.
Will there be a new trial?
No, only a new sentencing hearing has been ordered.
Is Weinstein still in custody?
Yes, he remains in prison facing other cases in New York.
