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California Appeals Court Upholds Harvey Weinstein's Rape Conviction, but Says He Must Be Resentenced
The panel said the 16-year sentence cannot stand after finding sentencing errors, while leaving the 2022 convictions in place.
On Friday, California's 2nd District Court of Appeal upheld Harvey Weinstein's 2022 rape and sexual assault conviction, but ordered a lower court judge to resentence him. The unanimous decision affirms his guilt while mandating sentence recalculation.
Judges ordered resentencing because Weinstein's previous 16-year term relied on a prior New York sexual assault conviction that was later overturned. Without that justification, the state attorney general agreed the sentence cannot stand.
Lawyers for Weinstein argued that Judge Lisa Lench improperly limited cross-examination regarding Facebook messages between the accuser and a film festival head. The appellate panel ruled the trial restrictions adhered to state rape shield laws, rejecting the defense claim.
Weinstein spokesperson Juda Engelmayer said the defense is "disappointed" in the ruling and will pursue an appeal to the California Supreme Court. He stated the team believes "significant legal errors" warrant further review of the proceedings.
Separately, prosecutors in New York dropped a potential fourth trial on Thursday after an accuser declined to testify. Weinstein remains incarcerated, awaiting September sentencing for a separate New York conviction involving Miriam Haley.