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WEST PALM BEACH (CBSMiami/AP) — A former Florida cop awaiting trial for attempted murder isn’t taking no for an answer, yet.

Attorneys for Nouman Raja are appealing a judge’s decision in hopes of getting his charges dismissed before trial.

Raja is accused of unlawfully killing a stranded black motorist.

His attorneys filed an appeal Wednesday arguing that Judge Samantha Schosberg Feuer erred when she dismissed Raja’s contention that he’s protected by Florida’s stand your ground law.

Raja, who’s of South Asian descent, is charged with manslaughter for the 2015 death of 31-year-old Corey Jones.

Raja shot Jones alongside a darkened highway where Jones’ SUV broke down. Raja was dressed in plainclothes and driving an unmarked van.

Prosecutors say he never identified himself as an officer, causing Jones to mistake him for a robber and pull a handgun. Jones had a concealed weapons permit.

Feuer agreed, saying Raja was the aggressor so stand your ground wouldn’t apply.

(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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