How does section 186.22, subdivision (b)(1)(1) of the Criminal Code apply to felonies that were committed for the benefit of, at the direction of or in association with any criminal street gang?

The section 186.22, subdivision (b)(1) gang enhancement applies to felonies that were (1) committed for the benefit of, at the direction of, or in association with any criminal street gang, and (2) with the specific intent to promote, further, or assist in any criminal conduct by gang members. (People v. Rivera, supra, 7 Cal.5th 306, 331.) Not every crime committed by gang members is related to a gang for purposes of the enhancement. (Ibid.) The enhancement applies " 'when a defendant has personally committed a gang-related felony with the specific intent to aid members of that gang.' " (Ibid.)

The scienter requirement of section 186.22, subdivision (b)(1) is "unambiguous and applies to any criminal conduct, without a further requirement that the conduct be 'apart from' the criminal conduct underlying the offense of conviction sought to be enhanced." (People v. Albillar, supra, 51 Cal.4th 47, 66.) Moreover, "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.)