An appeals court in California upheld Harvey Weinstein’s 2022 rape and sexual assault conviction but has ordered a resentencing due to the trial judge’s consideration of New York convictions that were later overturned. The three-judge panel from California’s 2nd District Court of Appeal unanimously supported the decision, stating that the trial judge did not violate Weinstein’s constitutional rights.

Weinstein, who is 74 years old, was convicted in California in December 2022 on one count of rape and two counts of sexual assault against an Italian model and actor referred to during the trial as Jane Doe 1. The court ruled that the resentencing was necessary because the judge had taken into account the now-invalidated New York convictions in determining Weinstein’s initial 16-year prison sentence.

Following the trial, Jane Doe 1, identified as Evgeniya Chernyshova, publicly accused Weinstein in a civil court lawsuit. Chernyshova testified that Weinstein assaulted her in her hotel room during the 2013 LA Italia Film Festival. Weinstein’s defense contended that the trial judge had unfairly restricted questioning about Facebook messages between Chernyshova and another individual, which they argued would have undermined her credibility and supported their defense.

The appeals court refuted Weinstein’s claims of inadequate defense presentation during the trial, noting that the arguments he sought to make were addressed through other evidence allowed by the judge. Additionally, the court stated that presenting testimony from accusers on sexual assaults Weinstein was not charged with was permissible under state law.

Weinstein’s lawyers are now seeking review in the California Supreme Court, believing that significant legal errors occurred during the trial. The Los Angeles County District Attorney’s Office declined to comment on the ruling pending a review, while no immediate response was received from Chernyshova’s attorney when requested for a statement.