CHICAGO (AP) — An appeals court has ordered that Jussie Smollett be released from jail during the appeal of his conviction on charges that he lied to police about a racist and homophobic attack.

The ruling Wednesday comes after a Cook County judge sentenced Smollett last week to immediately begin serving 150 days in jail for his conviction on five felony counts of disorderly conduct.

The sentence stems from a 2019 incident in which the Black and gay actor reported to Chicago police that he was the victim of a racist and homophobic attack.

An investigation revealed Smollett paid two men he knew from work on the TV show “Empire” to stage the attack. The special prosecutor’s office had opposed the motion, calling it illogical.