The Court of Appeal agrees with appellant that the amendments made to Penal Code section 186.22 by Assembly Bill no. 333 should have applied during the section 1172.75 resentencing proceedings, necessitating reversal of his gang conviction. Because the prosecution relied upon and argued the current offenses could be used as predicate offenses in establishing a pattern of gang activity, the evidence was insufficient to support his substantive gang conviction considering AB 333’s amendments to section 186.22. The court reversed the gang conviction and remanded for resentencing.