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PEOPLE v. GONZALEZ

No. G025767.

118 Cal.Rptr.2d 850 (2002)

97 Cal.App.4th 1087

The PEOPLE, Plaintiff and Respondent, v. Alejandro P. GONZALEZ et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

As Modified on Denial of Rehearing May 20, 2002.

Review Granted July 10, 2002.

Attorney(s) appearing for the Case

Harvey L. Goldhammer, under appointment by the Court of Appeal, Glendale, for Defendant and Appellant Alejandro P. Gonzalez.

Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant Jaime Pano.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela R. Ratner and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

ARONSON, J.

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...

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