Max Factor Heir Rape Sentence Thrown Out; Will Andrew Luster Get A New Trial?

The great-grandson of cosmetics magnate Max Factor was convicted in absentia a decade ago of over 80 charges including multiple counts of rape. But Andrew Luster could not yet begin to serve his 124-year sentence, as he previously jumped his $1 million bail, skipped the country and landed in Mexico. Later in that same year, 2003, he was captured by celebrity bounty hunter Duane "Dog" Chapman and brought back to the United States.

However, on Monday, California judge Kathryne Ann Stoltz vacated the 124-year sentence, citing that the trial court had not given reasoning for handing down multiple consecutive maximum sentences. Stoltz guaranteed that there would be no retrial, as she believe only the sentencing aspect was flawed.

Luster has been serving time since Chapman captured him ten years ago. Chapman hinted that Luster's late attorney, Richard Sherman, was indeed the person whose tips led to Luster's capture. His current attorneys say Sherman frightened him into jumping bail by telling him he would be assaulted in prison due to the charges he was facing. Some say that even in prison, crimes including sexual offenses and misconduct against children are not tolerated by fellow inmates. Sherman allegedly hinted that his rape charges would put him in that category.

A resentencing hearing has been set for April 4 in Ventura, Calif.