Court rejects Canyon gang member’s appeal of conviction, sentence

12:35pm on Feb 13, 2012; Modified: 12:37pm on Feb 13, 2012

The Idaho Court of Appeals Monday rejected the appeal of Lazarus Salazar, who is serving time on two aggravated battery charges stemming from a March 2009 gang fight in front of a Nampa grocery store. Salazar, who in 2010 was sentenced to at least 10 years in prison, contends the 3rd District Court was wrong to allow a detective to testify that he recognized Salazar as the man who was shown in store surveillance video stabbing two people. But the appeals court disagreed and upheld the district judge’s ruling. Salazar, 25, also argued that his sentence – 5 to 13 years for one of the battery charges and 10 to 24 years for the other – was excessive. Both charges carried two sentence enhancements: for use of a deadly weapon and for committing the crimes with the intent to promote the activities of a criminal gang. The appeals court judges said the sentence was not excessive in light of Salazar’s established criminal record as a gang member, starting at age 14 when he stabbed someone. He was convicted of aggravated battery as an adult in 2005 after he shot a rival gang member twice, and he had only been out of prison for about a month when the March 2009 stabbings occurred, according to the court ruling. “This record shows Salazar to be exceptionally violent and dangerous, and undeterred by a previous imprisonment,” the appeals court ruled.

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