Prosecutors said they will not retry Harvey Weinstein on the rape charge that remained unresolved after a jury deadlocked and the judge declared a mistrial. The decision leaves Weinstein facing sentencing and continued punishment based on his other convictions, which prosecutors say still stand.

The unresolved charge is part of Weinstein’s long-running New York case that has already seen overturned convictions and retrials. In the most recent trial, jurors reached split outcomes on some counts, while the jury could not reach agreement on the rape count involving accuser Jessica Mann. After the mistrial on that count, prosecutors’ decision not to pursue a further retrial means the case’s remaining holdout charge will be taken off the table, while prior convictions continue to affect Weinstein’s overall legal situation.