Jussie Smollett, the ex-Empire actor who was convicted of disorderly conduct stemming from a faked hate crime, may soon find himself back behind bars. An Illinois appeals court has backed Smollett's convictions, affirming the judgment of the circuit court of Cook County.

In a majority opinion released on Friday, appellate Justices David Navarro and Mary Ellen Coghlan stated, "We affirm the judgment of the circuit court of Cook County." The court's decision was largely procedural in nature.

Last year, on March 10, Smollett was sentenced to 150 days in jail and 30 months' probation for the staged incident that took place in early 2019. However, he was released from the Cook County jail on March 16, 2022, after his lawyers successfully obtained a stay of the sentence pending appeal.

Now, with the appellate court's decision, it is likely that Smollett will have to return to jail unless the Illinois Supreme Court grants him a new and successful appeal in a timely manner.

A spokesperson for Smollett's attorney, Tina Glandian, and his defense team expressed their intention to escalate the matter to the Supreme Court, armed with a substantial body of evidence. They also highlighted that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett.

The majority opinion stated that reprosecuting Smollett was not fundamentally unfair since there was no nonprosecution agreement with the Cook County State's Attorney's Office. It also emphasized that the subsequent prosecution did not violate Smollett's right against double jeopardy, as the charges against him were dropped before jeopardy had attached in the first criminal proceeding.

However, Appellate Judge Freddrenna Lyle, in her dissent, argued that it was fundamentally unfair that special prosecutor Dan Webb was appointed after Smollett had already completed the community service that resulted from a controversial deal made by his lawyers with Cook County State's Attorney Kim Foxx's office. Judge Lyle emphasized the importance of prosecuting everyone fairly and justly, regardless of their wealth, fame, or public criticism.

Smollett was convicted on December 9, 2020, on five felony convictions related to the widely covered January 2019 attack, which was later revealed to be staged by individuals hired by the actor. His sentence also included a restitution payment of $120,106 to the city of Chicago for the police overtime spent on the initial case and a $25,000 fine.

Initially, Smollett received widespread support, including from former President Donald Trump, as news of the alleged attack spread. However, as the investigation progressed, his story came under scrutiny and began to unravel. The revelation that he had paid the Osundairo brothers $3,500 by check and $100 in cash before the attack significantly impacted public perception of his innocence. As a result, Smollett was dropped from the final season of the hit TV show Empire.

While awaiting the outcome of his unsuccessful appeal, Smollett continued to work on projects in the entertainment industry. He recently directed the film B-Boy Blues, based on a novel by James Earl Hardy, which premiered in New York City last week. Smollett's upcoming film, The Lost Holiday, starring Vivica A. Fox, is set to be released next year.

Now, with the appellate court's decision, Smollett's future remains uncertain as he faces the possibility of returning to jail to serve his sentence unless the Illinois Supreme Court intervenes.