A California appeals court on Friday upheld ex-Hollywood movie mogul Harvey Weinstein's 2022 rape and sexual assault conviction in Los Angeles but ordered that the trial judge resentence him, according to court documents from California's 2nd District Court of Appeal.
The unanimous three-judge panel rejected Weinstein's efforts to overturn the guilty verdicts, finding that his Los Angeles trial judge did not violate his constitutional rights. However, the court determined resentencing was appropriate because the trial judge relied in part on Weinstein's convictions in New York that were later overturned due to judicial errors.
Weinstein, 74, remains incarcerated at a California facility. His sentencing in the New York case is expected in September, where prosecutors are seeking a 20-year prison sentence.
What the Left Is Saying
Survivors' advocates and progressive legal observers largely celebrated the uphold of Weinstein's conviction while acknowledging the resentencing ruling as a procedural matter. The decision came one day after New York prosecutors dropped another case against Weinstein following his accuser's statement that she could not endure another trial in the MeToo-era case.
Women's rights organizations have pointed to this outcome as validation of the #MeToo movement's impact on the legal system. These groups argue that despite procedural complications, the conviction stands and sends a message about accountability for powerful figures accused of sexual assault.
What the Right Is Saying
Weinstein's defense team maintained their position that significant legal errors affected the proceedings. His spokesperson Judah Engelmayer said in a statement to The Associated Press: "We are disappointed by today's decision and respectfully disagree with the Court of Appeal's conclusions regarding the fairness of Mr. Weinstein's trial."
Engelmayer added: "This is not the end of the appellate process. We intend to seek review in the California Supreme Court because we continue to believe significant legal errors affected the proceedings and warrant further review." Defense attorneys have argued that the trial judge improperly allowed testimony from witnesses whose allegations fell outside the scope of the original charges.
What the Numbers Show
Weinstein was convicted in Los Angeles in December 2022 on charges of rape and sexual assault. The trial judge sentenced him to 16 years in prison, which included consideration of his then-pending New York convictions that have since been overturned.
The California conviction involves allegations from multiple women spanning several years. Weinstein faces a separate sentencing hearing in September regarding the New York case, where prosecutors are seeking a 20-year sentence on a sexual felony conviction that has survived appeal challenges at the state level.
The Bottom Line
While Weinstein's defense team pursues further appellate review at the California Supreme Court level, the immediate effect is that his 2022 Los Angeles rape conviction remains intact. The resentencing will require a lower court to recalculate his sentence without reference to the overturned New York convictions.
Weinstein will serve time in both jurisdictions if the September sentencing proceeds as scheduled. Legal observers say the dual-jurisdiction prosecution sets precedents for how courts handle evidence sharing across state lines and whether out-of-state convictions can factor into sentencing calculations.