Roman Polanski’s 32 year old criminal case will return to a Los Angeles court this week. It comes weeks after a California court rejected the director’s bid to have the case dismissed.

A Superior Court spokesman has confirmed that Judge Peter Espinoza will convene a hearing on the case. It is understood to have been scheduled for Wednesday (January 6). Polanski’s laywers requested an in-chambers conference but Judge Espinoza scheduled a public hearing from prosecutors objected.

The appeal court, which ruled on December 23, had suggested that the case could be closed of Polanski’s lawyers agreed to sentencing in absentia or if he dropped his opposition to being extradited to the US, where he is wanted for sentencing on charges of having unlawful sex with a minor.

Polanski’s lawyers have cited misconduct by the original prosecutor and judge. The director, whose next film The Ghostwriter is due to premiere at the Berlinale next month, remains under house arrest at his home in Gstaad, Switzerland.