Jussie Smollett fails to appeal his 150-day jail sentence for faking racist attack

Jussie Smollett's disorderly conduct conviction has been upheld by an Illinois Appeals Court.

His conviction was affirmed by a three-judge panel with a 2-1 vote today, Friday, December 1.

The Empire actor’s lawyers are able to appeal the judges’ decision to the Illinois Supreme Court, which may decide to hear the case.

However, unless the Supreme Court reverses the decision, Smollett must complete the 150-day jail sentence he received in 2022.

The star best known for portraying musician Jamal Lyon in the Fox drama was convicted in 2021 of faking a racist and homophobic attack and lying to the police about it.

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After the false report, Smollett was initially indicted by a grand jury of 16 counts of felony disorderly conduct.

He was then reindicted on six counts and convicted of five.

The decision from the jury trial included a 30-month probation and "a $25,000 fine and $120,106 in restitution to the City of Chicago."

During his appeal process, Smollett argued “his rights to a fair trial and due process were violated when the [Office of the Special Prosecutor] committed several acts of prosecutorial misconduct.”

However, the judges disagreed with his claims, citing a variety of case law precedents.

Smollett initially spent six days in jail before being released while legal action was pursued.

During that time, the Empire actor had a stint in rehab and even collaborated with Vivica A Fox on a new music video.

In an emotional outburst, Smollett told those present during his initial sentencing that he was not suicidal and if he died in prison it would not be his own doing.

“I am not suicidal. I am innocent and I am not suicidal,” he said in a video released by WGN.

“If I did this, then it means I stuck my fists in the fears of Black Americans in this country for over 400 years and the fears of the LGBTQ community."

"Your honor, I respect you and I respect the jury, but I did not do this," he said, putting his hands in front of him in a praying gesture.

When the court adjourned, Jussie was escorted from the room into the custody of the sheriff and kept his fist in the air.