California Appeals Court Vacates Harvey Weinstein Sentence, Orders New Hearing
A three-judge panel of the California 2nd District Court of Appeal upheld Harvey Weinstein's rape conviction but sent the case back for resentencing, while prosecutors in New York seek a 20-year term for a separate conviction.
A California appeals panel ruled on Friday that former film producer Harvey Weinstein's rape conviction remains in force, but his 16-year sentence must be vacated and reconsidered. The three-judge panel of the 2nd District Court of Appeal said the judgment is affirmed in all respects except for sentencing, which is remanded for a new hearing.
Weinstein, who is already serving the maximum term in California after a prior New York conviction was overturned, will appeal the decision to the California Supreme Court. A spokesperson for Weinstein said the legal team "remain confident that significant legal issues deserve further consideration" and noted that the court recognized his right to a new sentencing hearing.
The order coincided with a New York state judge dismissing a third-degree rape charge after prosecutors decided not to pursue a fourth trial. Weinstein still faces sentencing for a separate conviction involving a criminal sexual act against former Project Runway assistant Miriam Haley, with prosecutors indicating they will request a 20-year prison term.
Weinstein's legal battles span four trials in two states since 2020. In New York, his 2020 rape conviction was overturned by the state's highest court, which found that the trial judge improperly admitted testimony about uncharged prior sexual acts. California courts, unlike New York, may admit evidence of a defendant's propensity for sexual crimes even without formal charges.