What is the test for establishing the truth of a section 186.22(b) allegation of a criminal street gang?

Establishing the truth of the section 186.22(b) gang allegation requires a two-part showing. (People v. Villalobos (2006) 145 Cal.App.4th 310, 321-322.) The prosecution must establish the underlying crime was "[1] committed for the benefit of, at the direction of, or in association with any criminal street gang, [2] with the specific intent to promote, further, or assist in any criminal conduct by gang members ( 186.22(b)(1).) Appellant's challenge is directed at the first prong of section 186.22(b)(1). He argues the

Page 6