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Jussie Smollett conviction upheld by appeals court, likely will return to prison

The Illinois Appellate Court ruled in a 2-1 opinion to uphold the conviction. 

Published: December 1, 2023 2:51pm

Actor Jussie Smollett is likely headed back to prison after an appeals court Friday upheld the disorderly conduct convictions against him. 

Smollett was convicted in 2021 of faking a racist and homophobic attack in 2019, then lying to the Chicago police about it. 

His attorneys appealed that conviction and argued that he should not have been punished twice for the same crime, according to ABC Chicago.

The Illinois Appellate Court ruled in a 2-1 opinion to uphold the conviction. 

In 2021, Smollett was sentenced to 150 days in prison, but spent just six days behind bars after filing his appeal.

"As the appellate court noted, Mr. Smollett 'challenged(d) virtually every aspect of' the prosecution, and the appellate court correctly rejected each and every one of those challenges," special prosecutor Dan. K. Webb said in a statement, according to the local outlet. 

"We are proud to have prevailed in a case that, we believe, can help restore the public's confidence in the Cook County justice system," he added. 

Smollett was most well known for starring in the TV show, "Empire." 

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