A man convicted of having sex on a Florida beach last year has been sentenced to 2 1/2 years in prison, reports the Bradenton Herald. Jose Caballero, 40, was found guilty of having sex on a public beach in broad daylight with Elissa Alvarez, 21, last July. Nearby witnesses caught the two on video, with Alvarez moving on top of Caballero in a sexual manner, and testified that a then 3-year-old girl saw the act. Both were convicted on two counts of lewd and lascivious exhibition.
“Our office had discretion, and we felt that 2 1/2 years was something that not only held him accountable but also reflected his past history, as well,” said prosecutor Anthony Dafonseca. Caballero had served eight years in prison for cocaine trafficking. Ronald Kurpiers, defense attorney for Caballero, said he didn't try to lower the sentence because otherwise the prosecution could reinstate an earlier request for an 15-year sentence. “Do I believe, personally, that 2 1/2 years is something that he should have to do? The answer is no,” Kurpiers said. Caballero and Alvarez have to register as sex offenders. That means neither will be allowed to reside within 1,000 feet of a school, child care facility, park or playground and have to register with the Florida Department of Law Enforcement.