Sentencing postponed in Modesto deadly shooting

A judge on Thursday postponed a sentencing hearing for James Anthony Foster, who was convicted in March for the deadly shooting of Brian Morris in Modesto.

Tai Bogan, Foster’s attorney, asked the judge to delay the sentencing to give him more time to prepare a new trial motion.

Stanislaus Superior Court Judge Marie Silveira said she was concerned about the delay, because it’s been five months since a jury found Foster guilty of first-degree murder in Morris’ death. But she said she was assured that Bogan was working diligently to prepare the new trial motion.

The judge ordered Foster to return to court Aug. 18 to reschedule his sentencing hearing, when the attorneys will have a chance to argue over the new trial motion. Silveira said the sentencing will likely take place seven weeks from now.

If the judge denies the motion, Morris’ family will then get to speak in court about his death. That would be followed by Foster’s sentencing.

The 30-year-old man’s body was discovered shortly after sunrise June 11, 2010, along Costner Road north of Modesto. He was shot in the back of the head after a dispute with Foster.

This story was originally published August 4, 2016 at 1:07 PM with the headline "Sentencing postponed in Modesto deadly shooting."