Foster

FACTS

In 1994, Foster was convicted of serious offenses relating to a carjacking. (People v. Foster (1995) 34 Cal.App.4th 766, 768.) The jury found Foster used a firearm during the commission of the offenses. The trial court sentenced Foster “to a total unstayed prison term of life with the possibility of parole plus 12 years.” (Id. at p. 769.) In 1995, this court affirmed Foster’s conviction and sentence. (Id. at p. 776.) In this century, Foster’s criminal case has generated many appeals and writs, including matters this court has assigned case Nos. F049527, F054991, F056668, F058503, F065550, F069125, F071986, F075422, F075455, F075904, F078583, F078710, F078906, F079060, and

F080157.

On December 21, 2016, Foster filed his first motion pursuant to Penal Code section 1405 for postconviction DNA testing. In May 2017, the superior court denied the motion due to improper service. In June 2017, Foster appealed the denial of his motion and this court assigned the appeal case No. F075904 (People v. Foster (Mar. 14, 2018)

2. [nonpub. order]). In March 2018, Foster filed a request for dismissal of the appeal, which this court granted. Later that March, the superior court filed…