What is the test for the use of the STEP Act to determine whether a defendant who fired a gun repeatedly at a group of people was a member of a criminal gang, who then committed the crime for the benefit of the criminal gang?

We conclude the instruction was properly given in this case. Defendants' reliance on People v. Pham (2011) 192 Cal.App.4th 552 is misplaced. Because the defendant in that case was not charged with a violation of the STEP Act, there was no evidence that he belonged to a gang or that he committed the crime for the benefit of a gang. The court's determination in Phamthat firing a gun repeatedly at several persons will not necessarily support a finding of attempted murder of every person in the groupis not applicable where, as here, the expert gang testimony supported a reasonable inference that defendants had fired their weapons in rival gang territory with the intention of killing all three victims.