Harvey Weinstein’s 2022 rape and sexual assault conviction was upheld Friday by a California appeals court, but the three-judge panel said the former movie executive must be resentenced.

The unanimous decision came a day after prosecutors in New York decided Weinstein would not face a fourth trial there, dropping the #MeToo-era case on Thursday after the accuser said she could not bear to testify again.

The former movie magnate still stands convicted of another sexual felony in New York, and he remains behind bars. But the New York rape charge had remained unresolved after an overturned conviction followed by two hung juries.

More than 80 women have come forward with allegations of sexual assault or misconduct against Weinstein. He has denied the claims.

In California, Weinstein, 74, was convicted in December 2022 of one count of rape and two counts of sexual assault against an Italian model and actor known during the trial as Jane Doe 1. Weinstein was sentenced to 16 years in prison.

In his appeal, Weinstein’s lawyers argued that in his Los Angeles county trial, the testimony of the head of a film festival was unfairly limited by Superior court Judge Lisa B Lench, and had been seeking a new trial.

Associated Press contributed reporting.