Foster

Statement of the Case

On November 29, 1993, an information was filed in Fresno County Superior Court, which charged appellant Ricky T. Foster as follows:

Count one: carjacking (Pen. Code, § 215, subd. (a));

Count two: assault with a firearm (§ 245, subd. (a)(2));

Count three: kidnapping during the commission of a carjacking (§ 209.5, subd. (a));

Count four: kidnapping (§ 207, subd. (a));

Count five: kidnapping for robbery (§ 209, subd. (b)); and

Count six: robbery (§§ 211, 212.5, subd. (b)).

As to each count, it was alleged Foster personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)). It was further alleged that Foster had been previously convicted of a serious felony and had served a prison term therefor (§§ 667, subd. (a), 667.5, subd. (b)) and that he had previously served two other prison terms (§ 667.5, subd. (b)). Foster pleaded not guilty and denied the special allegations.

Jury trial began on January 24, 1994. On January 26, Foster was acquitted on count four, but convicted of the remaining charges. The firearm use allegations were found to be true. Following a bifurcated court trial, the prior conviction allegations were…