Cozad v. State

Tom Glaze, Justice.

Appellant was charged under the rape statute, Ark. Code Ann. § 5-14-103 (1987), with engaging in deviate sexual activity with a person under fourteen years of age. The victim is the daughter of Cathy Lewellyn, who held herself out to be Cozad’s wife at the time of the crime. Appellant was convicted of rape and sentenced as a habitual offender to forty years imprisonment.

In his appeal, the appellant argues that the trial court erred in overruling his asserted privilege under Ark. Code Ann. § 17-39-107 (1987) involving a conversation he had with a certified licensed social…