The former Dallas police officer convicted in the murder of Botham Jean will head to court for her appeals hearing on Tuesday.
Amber Guyger was sentenced to 10 years in prison for the deadly shooting of Jean in his apartment in September 2018.
Guyger lived in the same apartment complex, one floor directly below Jean, and she said she mistook him for an intruder when she entered his apartment instead of her own.
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The defense argued that while Guyger did knowingly shoot to kill, she believed that her life was in danger and so she was entitled to use deadly force.
"So that range of punishment would be in the range of 180 days to two years, said defense attorney Russell Wilson, who is not affiliated with the case. "By the time that decisions comes down it's likely Ms. Guyger would have served that amount of time. So strategically the defense would be trying to figure an avenue that could get Ms. Guyger a time served type circumstance."
According to Texas law, if a deadly weapon is used, the charge is then a third-degree felony punishable by a maximum 10 years behind bars.
Wilson estimated fewer than 5% of appeals are granted.