SAN ANTONIO -

A man convicted in the shooting death of a San Antonio police officer 13 years ago is one step closer to execution.

A federal appeals court rejected the appeal from 33-year-old Manuel Garza Jr.

He is set to die for the shooting death of Officer John Anthony "Rocky" Riojas in 2001.

Attorneys for Garza claim he had deficient legal help during his trial in 2002.

Garza was trying to run from Riojas when the officer was shot during a struggle.

Garza, who had several outstanding warrants, told officers he ran because he didn't want to return to jail.

An execution date has not been set.