KELOWNA, B.C. – Matthew Foerster’s lawyer has filed a Notice of Appeal in his conviction for first degree murder of 18-year-old Taylor Van Diest.
The 28-year-old was convicted by a jury in April and sentenced to 25 years in prison before being eligible for parole.
The Notice states the judge erred in his instructions to the jury on intent, intoxication, and on the offence of attempted sexual assault as an element of first degree murder.
Van Diest was walking along the railroad tracks in Armstrong on Halloween night 2011 when she sent a message that she was being ‘creeped’.
Foerster used a flashlight to strike the young woman on the head in what the Crown said was a sex-related attack.
There have been no dates set for the matter in the B.C. Appeals Court.
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