People v. Nichols CA1/2

Filed 3/5/25 P. v. Nichols CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A169813 v. TERRY NICHOLS, (Contra Costa County Super. Ct. No. 02-00330943-2) Defendant and Appellant.

Defendant Terry Nichols appeals after a jury found him guilty of willfully injuring a victim with whom he formerly had a dating relationship (Pen. Code, § 273.5, subd. (a))1 and the trial court placed him on probation. His appointed appellate counsel has filed a brief raising no issues but seeking our review pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel informed defendant of his right to file a supplemental brief, which he has not done. Our independent review of the record reveals no arguable issues, and we affirm. BACKGROUND The Charges On April 5, 2022, the Contra Costa County District Attorney filed an information charging defendant with willfully injuring a victim with whom

1 Further undesignated statutory references are to the Penal Code.

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he formerly had a dating relationship resulting in a traumatic condition (§ 273.5, subd. (a)) (count 1), with an enhancement for personally inflicting great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)); seven counts of possession of a firearm by a person with a prior qualifying misdemeanor conviction (§ 29805) (counts 2 through 8); and possession of ammunition by a prohibited person (§ 30305, subd. (a)(1)) (count 9). On December 6, 2023, the trial court granted defendant’s motion to suppress counts 2 through 9, as well as the great bodily injury enhancement. Those counts and the enhancement were subsequently dismissed. A jury trial proceeded on the sole, remaining count of willfully injuring a victim with whom defendant formerly had a dating relationship. The Evidence at Trial Jane Doe, the victim in this case, testified she first met defendant in 2003. They were re-acquainted and started dating in 2014. Their relationship started off “great” but after a few months began to “fail[ ].” Doe testified that defendant committed violent acts against her on multiple occasions. In February 2015, defendant grabbed Doe on her neck, slammed her on his bed, and choked her. Doe did not call the police or go to the hospital. Defendant apologized the next day, and Doe forgave him. Around January 2016, while defendant and Doe were arguing at his house, defendant pulled out a gun on her and told her to leave. Again, defendant apologized, and they made up. In January 2018, defendant and Doe were fighting in his truck when he punched her in the face and threw her out of the truck. Doe’s mother and daughter took Doe to the hospital, where she was treated for her injuries. Afterwards, defendant and Doe broke up, but he apologized and they got back