Foster was convicted as the driver of the get away car in a robbery in which his partner shot and killed the owner of the store being robbed. In Texas the law places the same guilt on all participants of a crime that ends in a homicide, so Foster was to die, just as the gunman did for his pulling the trigger. Governor Rick Perry decided that the punishment did not fit the crime of being the driver, so he commuted the sentence.
That is rare in Texas!
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