What is the test for an enhancement to a charge of possession of a firearm with intent to cause grievous bodily harm?
California, United States of America
The following excerpt is from People v. Jefferson, C078216 (Cal. App. 2015):
To establish a gang enhancement, the prosecution must prove the defendant committed the underlying crime: (1) " ' "for the benefit of, at the direction of, or in association with any criminal street gang" ' " (the gang-related prong); and (2) " ' "with the specific intent to promote, further, or assist in any criminal conduct by gang members" ' " (specific-intent prong). (People v. Hernandez (2004) 33 Cal.4th 1040, 1047.) The specific-intent prong does not require that the criminal conduct by a gang member be distinct from the charged offense, or that the evidence establish specific
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