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WEST PALM BEACH (CBSMiami/AP) — A criminal case can move forward against a fired Palm Beach Gardens police officer accused of unlawfully killing a stranded black motorist.

A three-judge state appeals court panel unanimously rejected a claim Thursday without comment from attorneys for Nouman Raja.

They had argued a circuit judge erred by dismissing the former officer’s contention that he’s protected by Florida’s stand your ground law.

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

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.

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