( CNN ) -- South African prosecutors will appeal the verdict and the sentence in the Oscar Pistorius case , a spokesman for the country 's National Prosecuting Authority told CNN on Monday . A judge sentenced Pistorius to five years in prison last week after finding the double-amputee track star guilty of culpable homicide , or negligent killing , in the shooting death of his girlfriend , Reeva Steenkamp . Pistorius acknowledged shooting Steenkamp in February 2013 . Prosecutors claim he wanted to kill her ; Pistorius said he mistook her for an intruder and her killing was a tragic accident . The appeal does n't necessarily mean either the verdict or the sentence against Pistorius will be thrown out , said CNN legal analyst Kelly Phelps . And it 's even less likely he will be freed at the end of what 's likely to be a six-month process , she said . `` There 's no real prospect of his acquittal out of this , '' she said . Prosecutors are arguing that Judge Thokozile Masipa misinterpreted a complex South African standard defining a technical form of intent that proved to be a central aspect of the case , Phelps said . As a result , prosecutors argue , he should not have been convicted on the culpable homicide charge chosen by the judge . Prosecutors originally took Pistorius to trial on a murder charge . In explaining her sentence , Masipa concluded that Pistorius did not intend to kill Steenkamp . But critics of the verdict have argued the judge did n't correctly apply the intent standard , which is broader in South African law than what it typically means in casual conversation , Phelps said . In their appeal of the sentence , prosecutors would have to prove the five years given by Masipa is `` shockingly inappropriate '' in light of sentencing guidelines and similar cases , according to Phelps . Prosecutor Gerrie Nel called for a minimum sentence of 10 years , saying the negligence in Pistorius ' actions `` borders on intent . '' If an appeals court finds that five years is `` shockingly inappropriate , '' the court could set the sentence aside and issue a new one , she said . But appeals courts in South Africa are reluctant to get involved in sentencing decisions , Phelps said . Pistorius ' uncle , Arnold Pistorius , told CNN 's Robyn Curnow , `` We take note of the announcement made by the state . The legal process must take its course . '' CNN 's Eliott C. McLaughlin and Brent Swails contributed to this report .
South African prosecutors to appeal verdict and sentence in the Oscar Pistorius case . Appeal does n't mean Pistorius is getting out , CNN legal analyst Kelly Phelps says . The verdict can be changed only if a court rules the judge misapplied law , Phelps says . Sentence must be found to be `` shockingly inappropriate '' if appeal is to succeed , she says .