Gonzalez

Certified for Partial Publication. [*]

Alejandro Gonzalez and Jaime Pano were convicted of kidnapping, carjacking, robbery, and making terrorist threats and personal use of firearm allegations were found true. Gonzalez and Pano complain of an impermissible dual use of facts, claiming the trial court relied on their use of a gun during the crime to aggravate the carjacking count and enhance the sentence. They also contend the trial court violated their due process rights in ordering direct victim restitution without notice and an opportunity to be heard. Both contentions have merit, and we remand for resentencing only.

Dominguez Sosa, a part-time jewelry salesman working out of his home, left his residence in the early evening to meet "Jorge," a potential customer. Sosa returned home when the putative buyer did not keep the appointment. Later, Jorge called and made arrangements with Sosa for another rendezvous. Sosa left the house without his inventory of jewelry, storing it in a locked closet.

As Sosa backed his car out of the driveway, Gonzalez approached and identified himself as Jorge. Taking a position in the front passenger seat, Gonzalez pulled a handgun from…