According to the BBC the conviction was overturned Sgt Nightingale will now
face a retrial. Let us hope for his sake that he is not then sentenced to 5
years.
According to a report I read in the online DT, by law, he cannot be sentenced to a longer sentence than his previous suspended sentence, after appeal/sentence review, from his last trial, so that would be twelve months suspended, stay in the Army and keep his rank.