Florida couple convicted of having sex on beach, facing possibility of 15 years in prison

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BRADENTON BEACH, Fla. – A Florida couple who was arrested after a grandmother spotted them having sex on a public beach is now facing the possibility of 15 years in prison after being convicted for their lewd and lascivious behavior.

Jose Caballero, 39, and Elissa Alvarez, 20, were seen having sex on a public beach last summer by multiple witnesses, including a 3-year-old girl.

“You think about 2:30 in the afternoon on a crowded beach, it takes a certain kind of person to do that in front of children only feet away,” Assistant State Attorney Anthony Dafonseca said.

The couple turned down multiple plea deals in the months leading up to their trial, according to WTVT.

“You could definitely tell that there was a moment where they wanted to reflect back to that plea offer we originally made,” Assistant State Attorney Anthony Dafonseca said.

Within 15 minutes, a jury convicted the couple for the crime.

They will both have to register as sex offenders and face up to 15 years in prison, which is the maximum punishment allowed by law.

However, the State Attorney is pushing for 60 days in jail for Alvarez since she does not have a criminal history, according to WTVT.

Since Caballero is a convicted felon, details of his prison sentence are unclear.

“I will say that it’s not going to be less than the three year offer we made pretrial,” Dafonseca said. “There will certainly be prison involved due to his actions and him offending again so quickly coming out of prison.”

Caballero’s defense attorney says the possibility of 15 years, or even three years in prison is outrageous.

“There are burglary cases, there are breaking and entering cases, there’s grand theft of automobiles, there’s sales and possessions of cocaine, all of these offenses can sometimes get you a sentence that’s not involving prison time,” Defense Attorney Jeff Brown said.

A sentencing date has not been set.

 

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