TOPEKA, Kan. (AP) — The Kansas Supreme Court has thrown out the 50-year prison sentence of a man convicted of fatally shooting his uncle in 2008 in Kansas City, Kansas.

While ordering Friday that a Wyandotte County trial court resentence Mark Salary, the state’s high court upheld Salary’s first-degree murder conviction in the death of Valray Estell, who at that time of the shooting was his live-in uncle.

Authorities had alleged that Salary shot 58-year-old Estell and left him to die in a burning house.

Salary had insisted the shooting was self-defense.

The Topeka Capital-Journal reports that the Kansas Supreme Court rejected Salary’s request for a new trial.