The judge in Harvey Weinstein's criminal case in Manhattan declared a mistrial on a rape charge Thursday, one day after Weinstein was convicted on a separate felony sex abuse charge.

Weinstein faced one charge of rape in the third degree and two charges of criminal sexual act in the first degree, which is the higher felony charge and carries a maximum prison sentence of 25 years. The rape charge carries a sentence of up to four years.

Harvey Weinstein’s NYC rape retrial hit a major hurdle yesterday after the jury foreman refused to return to deliberations, forcing the judge to declare a mistrial on the third-degree rape charge.