Rules of Evidence. In proceedings where the Nebraska Evidence
Rules apply, the admissibility of evidence is controlled by
the Nebraska Evidence Rules; judicial discretion is involved
only when the rules make discretion a factor in determining
Rules of Evidence: Appeal and Error. Where the Nebraska
Evidence Rules commit the evidentiary question at issue to
the discretion of the trial court, an appellate court reviews
the admissibility of evidence for an abuse of discretion.
Convictions: Evidence: Appeal and Error. In reviewing a
criminal conviction for a sufficiency of the evidence claim,
whether the evidence is direct, circumstantial, or a
combination thereof, the standard is the same: An appellate
court does not resolve conflicts in the evidence, pass on the
credibility of witnesses, or reweigh the evidence; such
matters are for the finder of fact. The relevant question for
an appellate court is whether, after viewing the evidence in
the light most favorable to the prosecution, any rational
trier of fact could have found the essential elements of the
crime beyond a reasonable doubt.
Rules of Evidence: Other Acts: Intent. No exact limitation of
time can be fixed as to when other conduct tending to prove
intent to commit the offense charged is remote under Neb.
Rev. Stat. § 27-414(1) (Reissue 2016).
Rules of Evidence: Other Acts: Time. The question whether
evidence of other conduct is too remote in time is largely
within the discretion of the trial court. While remoteness in
time may weaken the value of the evidence, such remoteness
does not, in and of itself, necessarily justify exclusion of
Criminal Attempt: Intent. A defendant's conduct rises to
criminal attempt if he or she intentionally engages in
conduct which, under the [26 Neb.App. 2] circumstances as he
or she believes them to be, constitutes a substantial step in
a course of conduct intended to culminate in his or her
commission of the crime.
Criminal Attempt. Whether a defendant's conduct
constitutes a substantial step toward the commission of a
particular crime and is an attempt is generally a question of
Lesser-Included Offenses: Sexual Assault. Attempted first
degree sexual assault on a child is a lesser-included offense
of first degree sexual assault on a child.
Lesser-Included Offenses: Sexual Assault: Intent. A finder of
fact may convict of the lesser-included offense if it finds
that the act of penetration was not proved beyond a
reasonable doubt but also finds that a defendant
intentionally engaged in conduct which, under the
circumstances as the defendant believed them to be,
constituted a substantial step in a course of conduct
intended to culminate in first degree sexual assault.
from the District Court for Douglas County: Gregory M.
Schatz, Judge. Affirmed.
B. Creager, of Anderson, Creager & Wittstruck, PC,
L.L.O., for appellant.
Douglas J. Peterson, Attorney General, and Sarah E. Marfisi
for appellee. Pirtle, Bishop, and Arterburn, Judges.
a bench trial, the district court for Douglas County found
Chad N. Stephens guilty of attempted sexual assault of a
child in the first degree. On appeal, Stephens argues that
the district court improperly allowed Neb. Rev. Stat. §
27-414 (Reissue 2016) evidence and that there was