BRADNETON -- The notorious Bradenton Beach sex-on-the-beach case is back in court Monday.
In a case that drew national and international attention, Jose Caballero, the man caught video having sex with a woman on Cortez Beach last July, will learn his punishment, after a jury found him and Elissa Alvarez guilty of two counts of two counts each of lewd and lascivious behavior.
Prosecutors said soon after the verdicts were announced that they would not seek the maximum possible punishment: 15 years.
Alvarez, who didn't have a prior criminal record, in May was sentenced to time served since her arrest July 20, and required to register as a sex offender.
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Prosecutors said last month they will recommend that Caballero, who previously served 8 years in prison for cocaine trafficking, be sentenced to 2 1/2 years in prison. He is currently in the Manatee County jail awaiting sentencing.
The tougher punishment, they said, is warranted because of Caballero's behavior before he was arrested on the beach.
"We had a real good tone of what to give Ms. Alvarez after the case was over in terms of the testimony that came out, which created a vast difference in the demeanor that Mr. Caballero reacted to the fellow beachgoers versus the demeanor of Ms. Alvarez and how she reacted," said Assistant State Attorney Anthony DaFonseca, after Alvarez was sentenced.
Caballero's sentencing is set for 1:30 p.m. Monday at the Manatee County Judicial Center.