A state appeals court panel Friday upheld the sexual assault conviction of disgraced film producer Harvey Weinstein for the 2013 assault of a model-actress in a Los Angeles hotel room, but it vacated his 16-year prison sentence and ordered the trial court to conduct a new sentencing hearing.
“The sentence is vacated and the matter is remanded for re-sentencing,” according to an online docket update posted Friday by the California 2nd District Court of Appeal. “In all other respects, the judgment is affirmed.”
The full ruling by the three-justice panel was not immediately released, so the basis for the re-sentencing order was not immediately known.
Weinstein, now 74, was convicted Dec. 19, 2022, of one count each of forcible rape, forcible oral copulation and sexual penetration by a foreign object occurring on or about Feb. 18, 2013, on a woman identified only as Jane Doe No. 1.
The Los Angeles Superior Court jury deadlocked on a charge of sexual battery by restraint involving an alleged attack in February 2013 against Jane Doe No. 2 and counts of forcible oral copulation and forcible rape involving an alleged attack in 2005 on Jane Doe No. 4 — the latter of whom was publicly identified by her attorney as Jennifer Siebel Newsom, the wife of Gov. Gavin Newsom.
The jury acquitted Weinstein of a felony charge of sexual battery by restraint involving an alleged attack on a masseuse — Jane Doe No. 3 — in 2010, but deadlocked on a lesser count involving the same woman.
Prosecutors later said they did not intend to retry Weinstein on the counts on which jurors deadlocked.
Weinstein and his attorneys have long denied any wrongdoing by the former film mogul, insisting that any sexual encounters in which engaged were consensual.
Weinstein is awaiting sentencing in New York for his conviction for sexually assaulting former “Project Runway” assistant Miriam Haley. Prosecutors are asking that he be sentenced to 20 years behind bars.
Prosecutors in New York announced Thursday they would not re-try Weinstein on a charge of raping aspiring actress Jessica Mann in 2013. Weinstein had been convicted of that alleged attack, but the conviction was overturned by a state appeals court. A subsequent jury was unable to reach a verdict in the case.