Bill Cosby was hoping that bail would be granted on his incarceration for drug and sexual assault charges but unfortunately for the comedian, it has been denied.

FOX News reports an appeals court that listened his request to leave prison on bail while he attempts to fight his conviction was denied. Lawyers for the 81-year-old television actor are believing that the conviction against him will be overturned due to errors in the trial.

Andrew Wyatt, the spokesman for Cosby, revealed the bail motion being denied by the Superior Court of Pennsylvania was no surprise and was actually filed to highlight Judge Steven O’Neill has not released a post-trial opinion needed to aid Cosby’s conviction appeal. The defense for Cosby is aiming to challenge several rulings, including O’Neill allowing five additional accusers to testify.

For now, Cosby continues to remain in a state facility in Phoenix. He is serving a prison term that can result in as little as three years.