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JOHANNESBURG, South Africa, Dec. 10 (UPI) -- A judge in Pretoria has approved an appeal request sought by the prosecution in the murder trial of Oscar Pistorius. Arguments were heard in court Tuesday concerning an appeal that was filed in November to upgrade the Olympic track star's culpable homicide conviction to murder and to seek a minimum 10-year prison sentence.
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Pistorius, an Olympic track star, was found guilty of culpable homicide in September for the shooting death of girlfriend Reeva Steenkamp and sentenced to five years in prison, a sentence the prosecution challenged as "shockingly light."
Judge Thokozile Masipa ruled Wednesday that the prosecution may appeal Pistorius' murder acquittal but may not appeal his five-year prison sentence.
"I cannot say ... that the prospect of success at the Supreme Court of Appeal is remote ... I am also of the view ... this might have a practical effect. The application therefore in respect of count one is decided in favor of the applicant [the state]," the judge said in her closing statement regarding the prosecution's request to appeal the conviction.
But, concerning the request for new sentencing, she said "I am not persuaded that there was any material misdirection or irregularity, or that the facts of this matter the sentence imposed was shockingly inappropriate."
The prosecution welcomed the judge's ruling. "This is what we wanted," said Nathi Mncube, a spokesman for the National Prosecuting Authority.
The defense maintained throughout the 41-day murder trial that Pistorius accidentally shot Steenkamp on the night of Feb. 14, 2013 after the double amputee mistook her for an intruder in his bathroom. The judge determined in her September ruling "The state clearly has not proved beyond reasonable doubt that the accused is guilty of premeditated murder," but "there is no doubt that when the accused fired shots through the toilet door he acted unlawfully."
The appeal will be heard by the Supreme Court of Appeals in Bloemfontein.
