On Thursday, a Texas appeals court upheld the murder conviction of a former police officer who is serving a 10-year sentence for fatally shooting her upstairs neighbor in his own apartment in 2018.

Ex-Dallas cop Amber Guyger, 32, argued that she was not culpable of murder because she mistakenly believed she was in her own apartment. Guyger has claimed she fatally shot Botham Jean, 26, in his apartment after mistaking his unit for hers. She is seeking her murder conviction to be changed to criminally negligent homicide, according to The Dallas Morning News.

READ MORE: Amber Guyger, jailed cop who fatally shot Botham Jean in his own apartment, seeks to have murder conviction tossed

The Fifth District Court of Appeals disagreed — and cited Guyger’s own testimony that she intended to kill Jean as the reason why she was rightfully convicted of murder.

“That she was mistaken as to Jean’s status as a resident in his own apartment or a burglar in hers does not change her mental state from intentional or knowing to criminally negligent,” the judges wrote.

READ MORE: Killer cop Amber Guyger sentenced to 10 YEARS IN PRISON for fatally shooting neighbor relaxing in his own apartment

According to The Morning News, the judges also cited testimony from police officers who said Guyger should have retreated, called for backup, and observed Jean’s hands for any weapons. Jean was unarmed at the time of the September 2018 fatal shooting.

In light of the Fifth District Court of Appeals’, Guyger can appeal her case to the Texas Court of Criminal Appeals. The jailed cop is eligible for parole in 2024.

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