Appellant pleaded no contest, admitted a gang enhancement under Penal Code section 186.22, and was placed on probation (Case 1). He later entered a no contest plea in a subsequent case (Case 2) and admitted he violated probation.

The Court of Appeal agreed with the parties that Assembly Bill 333’s amendments to section 186.22 apply retroactively to Case 1, and accordingly, the judgment in that case must be reversed and the matter remanded to the trial court to allow the parties to withdraw from the plea agreement. The Court further held Case 2 must be reversed and remanded because the trial court did not find a factual basis for the plea and neglected to take appellant’s admission to his prior strike at the plea hearing.