Jussie Smollett’s convictions and jail sentence have been upheld by an appeals court, the Associated Press reports. The former Empire star was previously found guilty of staging a hate crime against himself. He was convicted in December 2021 of five felony counts of disorderly conduct (which are charges that can be filed in Illinois when someone lies to the police). Smollett, who is Black and gay, maintained throughout his trial that he was the victim of a racist and homophobic attack in downtown Chicago. His appeal took issue with multiple aspects of his case, including the role of a special prosecutor, jury selection, and evidence. (During the appeal process, he also released a song proclaiming his innocence.) However, the Illinois Appellate Court ultimately turned these concerns down with a 2-1 opinion. A spokesperson for Smollett’s legal team told the New York Times that they will appeal to the Illinois Supreme Court.
Smollett was sentenced to 30 months of probation, with the first 150 days to be served in jail. Despite several celebrities publicly criticizing the punishment as excessive, the actor spent six days in Cook County Jail. He was released in March 2022 because of his appeal. Special prosecutor Dan K. Webb told the Times that Smollett won’t required to go back to jail right away. However, Webb noted that Smollett won’t have any more appeal options if the Illinois Supreme Court declines to take up the case.