'Sex On The Beach' Sentencing Handed Down

The man convicted earlier this year on two counts of lewd and lascivious exhibition for having sex on Cortez Beach last July will serve a 2 ½-year prison sentence.

Jose Caballero, 40, was sentenced in the case that made national headlines Monday afternoon. The woman involved in the case, Elissa Alvarez, 21, was sentenced to time served back in May.

Caballero is no stranger to the inside of a jail cell. Previous arrests have included such charges as disorderly conduct, possession of a controlled substance and contempt of court.

Assistant State Attorney Anthony Dafonseca said during a post-trial press conference that the state wanted to seek the full penalty for Caballero. That was in light of the fact Caballero had been out of prison for less than three years on a prior cocaine trafficking conviction before this most recent felony arrest, he said. The conviction carries a maximum sentence of 15 years.

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Following Alvarez’s sentencing, however, prosecutors indicated they would likely seek a lighter sentence for Caballero. That indication materialized Monday when the shorter sentencing was offered by the state.

Both Alvarez and Caballero were convicted on two counts of lewd and lascivious exhibition for the July 20, 2014, fling on the beach. The act was witnessed by several people on the beach, including a grandmother and a toddler. At least one witness made a video.

“We are grateful that the state has offered 2 1/2 years,” Ronald Kurpiers, Caballero’s defense attorney, told the Bradenton Herald.

In addition to jail time, both Caballero and Alvarez have to register with the state as sex offenders. That essentially means they cannot reside within 1,000 feet of schools, daycare centers, parks or playgrounds. They must also notify the Florida Department of Law Enforcement and local law enforcement any time they move, buy new vehicles or change their email addresses, state law requires.

Alvarez has filed an appeal in her case on June 26, court records indicate. No appeal has been filed by Caballero as of yet.

Booking photos courtesy of the Manatee County Jail