Tuggle

—Steven Ramon Higgle appeals from convictions of attempted murder, assault with a deadly weapon and intimidation of a witness. He contends his conviction must be reversed because of the prosecutor’s discriminatory use of peremptory challenges and the trial court’s errors in admitting evidence of his prior assaults on the victim and failing to instruct the jury on the lesser offenses. He also claims the evidence was insufficient to support the court’s decision to sentence him as a habitual offender under Penal Code section 667.7, the court violated the prohibition against dual use of facts by using the same finding both to sentence under that statute and to enhance the sentence under Penal Code section 12022.7, and the abstract of judgment must be clarified to show that he is serving a life term with a minimum parole eligibility date of 20 years.

Statement of the Case

Appellant was charged by information filed October 2, 1989, with one count of attempted first degree murder (Pen. Code, §§ 664,187), one count of assault with a deadly weapon (§ 245) and two counts of intimidating a witness (§ 136.1, subd. (c)(1).) With respect to counts 1 and 2, it was alleged that…