Ex-San Francisco 49er Dana Stubblefield will remain in California state prison for now after a judge declined to make a bail ruling.

Defense attorneys are decrying a judge’s finding that he lacks jurisdiction to grant Stubblefield bail following an appellate court decision to vacate his conviction and prison sentence.

A California appeals court has overturned the rape conviction of former San Francisco 49er Dana Stubblefield. According to the decision Wednesday, prosecutors made racially discriminatory statements during his trial,

Ex-49er Dana Stubblefield's rape conviction was overturned by a California appellate court because of 'racially discriminatory language' used by the prosecution during the trial.

Allen Sawyer, another attorney who defended Stubblefield at trial, added that even if prosecutors re-file charges — a decision unlikely to be made until after the appellate decision becomes final in February — Stubblefield is entitled to be released given there is no longer any conviction for which to keep him incarcerated.

A judge ruled Friday that he lacked jurisdiction to make a bail ruling for former Niners star Dana Stubblefield, whose 2020 rape conviction was vacated