DALLAS — Amber Guyger has likely exhausted all of her appeals for her 2019 murder conviction. On Wednesday, Texas’ highest court upheld the 10-year prison sentence in the 2018 murder of Botham Jean.

The Criminal Court of Appeals refused to hear Guyger’s petition to review a lower court’s decision with Judge Kevin Yeary and Judge Michelle Slaughter filing a dissent. Michael Mowla, Guyger’s defense attorney, filed a petition for discretionary review on Jan. 18 stating that “her mistaken belief negated the culpability for murder because although she intentionally and knowingly caused the death, she had the right to act in deadly force in self-defense since her belief that deadly force was immediately necessary was reasonable under the circumstances.”

In the 63-page petition, Mowla asserts that a mistake-of-fact claim under Tex. Penal Code § 8.02(a) can coexist with a self-defense claim under Tex. Penal Code § 9.31(a) and Tex. Penal Code § 9.32(a).

Guyger, once a Dallas Police Department officer, told authorities back in 2018 that after ending a nearly 14-hour work shift, she mistook her apartment for Jean’s and believed he was an intruder. She lived one floor below the 26-year-old St. Lucian transplant and accountant.

During the trial, jurors learned that moments before he died Jean was sitting on his couch eating ice cream and unarmed. Her appeal rested largely on the fact that mistaking her apartment for Jean’s was in fact reasonable along with the shooting, causing her lawyer to ask the appeals court to acquit her of murder or find her guilty of criminally negligent homicide.

Guyger was fired from the Dallas Police Department shortly after the incident.

In its 21-page response, the state addressed Mowla’s grounds for review stating the “court of appeals correctly determined that there is no evidence at all that appellant was criminally negligent with respect to the result of her conduct. The evidence was undisputed that appellant intended the result of her conduct and her mistaken belief about the circumstances did not change her culpable mental state.”

Guyger is currently serving a 10-year sentence at Mountain View Unit in Coryell County. The 33-year-old will be eligible for parole in 2024.