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STATE v. BRAUER

No. S-12-1169.

841 N.W.2d 201 (2013)

287 Neb. 81

STATE of Nebraska, appellee, v. Nathan J. BRAUER, appellant.

Supreme Court of Nebraska.

Filed December 27, 2013.

Attorney(s) appearing for the Case

Maren Lynn Chaloupka , of Chaloupka, Holyoke, Snyder, Chaloupka, Longoria & Kishiyama, P.C., L.L.O., for appellant.

Jon Bruning , Attorney General, and Kimberly A. Klein for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Connolly, J.

SUMMARY

Following a bench trial, the district court found Nathan J. Brauer guilty of sexually assaulting a child in the third degree.1 The record shows that Brauer poked a child in the penis, over his clothes, using two fingers. The touch was brief, and it happened a single time. The sole issue on appeal is whether there was sufficient evidence to conclude beyond a reasonable doubt that Brauer's touch was

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