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A state appeals court has upheld Harvey Weinstein‘s rape conviction in California while ordering him to be resentenced.

Weinstein is currently serving a 16-year sentence for his California conviction, the higher end of the maximum term because of his prior guilty verdict in New York. A three-judge panel of California’s 2nd District Court of Appeal found on Friday that the sentence should be revisited after that conviction was overturned.

“The sentence is vacated and the matter is remanded for resentencing,” noted the docket. “In all other respects, the judgment is affirmed.”

In a statement, a spokesperson for Weinstein said the former film producer will appeal to the California Supreme Court and that his lawyers “remain confident that significant legal issues deserve further consideration.” He added, “While the court affirmed the convictions, it also recognized that Mr. Weinstein is entitled to a new sentencing hearing.”