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Nichols v. State

Evidence that the defendant moved the victim to the backseat of his vehicle, sat on her chest, forced a sex act and did not stop despite the victim's pleas was sufficient to sustain his conviction for false imprisonment.

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Following a jury trial, William Shane Nichols was convicted of aggravated sexual battery OCGA § 16-6-22.2 b, aggravated sodomy OCGA § 16-6-2 a 2, false imprisonment OCGA § 16-5-41 a, and public indecency OCGA § 16-6-8 a 3.1 Nichols filed a motion for new trial, which the trial court denied. Nichols appeals, contending that the trial court erred in denying his motion for a directed verdict of acquittal on the false imprisonment count, and that the trial court erred in denying his motion for a mistrial on the ground that the prosecutor improperly placed his character at issue by referring to his prior incarceration.2 For the reasons that follow, we affirm.

Viewed in the light most favorable to the jury’s verdict,3 the trial evidence shows that, after Nichols rekindled a romantic relationship with the victim, he moved in with the victim and the couple’s daughter in 2009. Approximately one month later, on the night of July 31, 2009, Nichols and the victim went to dinner and then to several bars. The victim and Nichols ultimately met up with several of the victim’s coworkers, including Tracy McClure, at a bar named Bailey’s at about 10:45 p. m. Nichols had several alcoholic drinks prior to arriving at Bailey’s and he continued drinking while there. Around 12:45 a.m., the victim noticed that Nichols was no longer at the bar. When Nichols returned to the bar about 20 minutes later, he appeared to be more intoxicated and was “grabby-feely” with the victim. The victim told him to stop because they were in public. Nichols and the victim remained at Bailey’s for about another hour, and Nichols continued drinking during this time.

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