People v. Nicholes CA4/3

Filed 11/10/25 P. v. Nicholes CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G065050

v. (Super. Ct. No. 24NF1104)

ROBERT HAROLD NICHOLES, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Elizabeth G. Macias, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Robert Harold Nicholes appeals from a judgment following a jury trial. After examining the record, his appointed appellate counsel filed a brief setting forth the facts of the case, raising no issues, and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Nicholes has not filed a supplemental brief. After independently reviewing the record, we affirm the judgment. FACTS Nicholes has been married to F.N. for about five years. In 2022, he struck her in the face during an argument. A witness called the police, and a protective order was issued against Nicholes as a result. In 2024, the couple was staying at a motel after being evicted from their residence. They got in an argument and Nicholes hit F.N. in the stomach with a pipe or a towel rod. The next day, the couple got into another argument while driving. Nicholes punched F.N. in the stomach as she was driving the car and called her “a stupid fucking bitch.” F.N. parked the car and tried to get out. A witness heard them fighting inside the car, saw Nicholes put his hands toward F.N.’s shoulders and neck, and called the police. F.N. told the responding officers that Nicholes had choked her, and she showed them bruising on her stomach from the pipe. Nicholes was charged with domestic battery and violating a protective order, among other allegations. While in jail awaiting trial, he telephoned F.N. nearly 300 times. During several of those calls, F.N. accused Nicholes of choking her, hitting her in the stomach with a metal pole, and shoving his thumbs into her throat. In another call, Nicholes admitted to putting his hands around F.N.’s neck, and he told her to lie at trial.