Oscar Pistorius fatally shot his girlfriend Reeva Steenkamp last Valentine's Day and currently is serving time for culpable homicide, but the State is looking to appeal and convict him of murder.

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On Tuesday, The Independent reported that on Pistorius' 49th day in prison, the court in South Africa reconvened to decide whether his conviction and jail term could be appealed.

After hearing submissions from the prosecution and the defense, Judge Thokozile Masipa said she would give her decision Wednesday morning.

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The Independent reported that the prosecution argued "on a point of law" that Pistorius should not have been cleared of the more serious charge, as well as that his five-year sentence for culpable homicide was too lenient.

Pistorius was not in court, but his defense lawyer Barry Roux was present along with Judge Masipa and lawyer Gerrie Nel for the prosecution.

Nel said, "There is a very good prospect that we may convince an appeal court that the shortest possible incarceration in a case like this, my lady, is shockingly inappropriate."

The prosecution claimed that giving the Olympic athlete a five-year sentence for culpable homicide, the court has set a "shockingly low" precedent for this type of crime.

The State has continued to refer to the killing as "murder" in its submission to the court, asking Judge Masipa to grant permission to appeal her verdict that Pistorius acted negligently when he shot Steenkamp four times through a closed bathroom door and that he had not intended to kill her.

Tags: Oscar Pistorius