BATON ROUGE, La. (AP) — An appellate court has affirmed a Baker man's manslaughter conviction and 40-year prison sentence in the brutal stabbing death of his wife, lawyer Chiquita Tate, in her downtown Baton Rouge office.

The Advocate reports a three-judge panel of the state 1st Circuit Court of Appeal, however, said it found evidences that "would prove beyond a reasonable doubt ... all of the elements of second-degree murder."

East Baton Rouge Parish First Assistant District Attorney Prem Burns said Tuesday she felt the conviction should have been second-degree murder.

Harris' appellate attorney said the appeals court's decision Friday was disappointing and vowed to keep fighting.

An East Baton Rouge Parish jury found Harris guilty of manslaughter in the Feb. 20, 2009, slaying of Tate. She was stabbed 43 times.