OMAHA, Neb. (AP) — The Nebraska Supreme Court has rejected an appeal by a man convicted of killing an Omaha jewelry store owner during a botched robbery.

Milton Dortch Jr. was convicted last August of first-degree felony murder. The judge cited its occurrence during the crime of attempted robbery. Prosecutors say Dortch tried to rob James Minshall Sr.’s store in September 2014. Dortch says he shot Minshall only because he saw Minshall try to get a gun. Dortch said he never planned to shoot anyone.

He said in his appeal there wasn’t enough evidence for conviction and that he abandoned his robbery plan before shooting Minshall, so the killing did not occur during a robbery.

The Supreme Court said Friday the evidence proved the slaying occurred during another crime, attempted robbery, thus constituting murder.