What is the test for Section 186.22 of the California Criminal Code for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm?

Subdivision (b) of "section 186.22 requires proof of only two elements: (1) that the defendant committed a felony for the benefit of, at the direction of, or in association with any criminal street gang and (2) that he [or she] did so with the intent to promote, further, or assist in criminal conduct by gang members." (People v. Mejia (2012) 211 Cal.App.4th 586, 613.) Although "[n]ot every crime committed by gang members is related to a gang" (People v. Albillar (2010) 51 Cal.4th 47, 60), "if substantial evidence establishes that the defendant intended to and did commit the charged felony with known members of a gang, the jury may fairly infer that the defendant had the specific intent to promote, further, or assist criminal conduct by those gang members." (Id. at p. 68.)

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