WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, July 06, 2015

SEX ON THE BEACH

30 Months was the sentence for two counts of L&L  for a 40 year old man who had sex on the beach with his 20 year old girlfriend.



Jose Caballero, aged 40 and his girlfriend, Elissa Alvarez-veinte, were both convicted of lewd and lascivious behavior. The couple had sex, conked out, woke up, and went at it again. The beach was populated, and the couple was filmed by multiple individuals. 

Alvarez was sentenced to CTS while Caballero, who had priors, got 30 months. 

30 months!! Are you freaking kidding us? When did Florida become Texas? 

Sex. Between two consenting adults. 30 months.  They should give this guy a medal for reasons we are precluded from saying lest we be accused of being insensitive to issues of gender and …something else. We're in trouble for some insensitivity, we just forgot what it was. 

Anyway, the Gawker article is here. 

30 months. In prison. For sex between two consenting adults. 

Beam us up Scotty, we're done here.  SMH.*

30 months…for sex. 

See you in court. 

* Some millennial texted that to us the other day.  It took ten minutes on Google to find out what it meant.

23 comments:

Anonymous said...

It's certainly in poor taste, but 2 1/2 years! This Judge should be embarrassed by that. Drunk drivers get probation or a program. Armed robbers get boot camp. Sex gets you prison???? What a joke...

Anonymous said...

On a beach with kids around. Still think the sentence was extreme.

Anonymous said...

What would be an appropriate sentence for showing a kid porn on a computer? Isn't this just as bad (or maybe even worse)? SMH

Anonymous said...

in trouble for some insensitivity to. . .you don't know what? christ what a petulant dweeb. do you imagine you're being hen-pecked instead of being undisputed master of your blogdom?

Just Another Intern said...

Great commercial to visit some other beach.

Anonymous said...

If my kids were at the beach, you can bet there may have been an ass kicking on top of the 30 months.

Anonymous said...

Inappropriate behavior on a beach with kids. Deserves some punishment, but probation would have been just fine.

Rumpole said...

So 30 days?

Anonymous said...

+ sex offender registration for life! Aren't you glad you pay your taxes to support this guy for 2.5 years to life since he might not be able to get any job that requires more than holding a sign and wearing a statute of liberty costume, or selling water in a median.

Anonymous said...

Are you all fu**ing insane?? There were kids around! He didn't get 30 months for sex, he got it because he had a long criminal history (maybe he was a HO or something) AND he committed a sex act in front of children - twice!!!!!!

The only thing wrong with this sentence is that the girl got away with probation.

Anonymous said...

Don't forget, they have to register as sex offenders. Also, don't forget the witnesses only saw movements, not actual penetration.

Anonymous said...

I think the guy was qualified and was enhanced under PRRP. Not saying the sentence is excessive, but under the law he should have been sentenced to a min/man of 15 years. And thus begins the debate on the bs of min/mans.

Anonymous said...

yes 30 days. being a sex offender in florida is like community control for life.

Anonymous said...

Appropriate punishment would be CTS like the girlfriend.

Anonymous said...

If I saw that with my kids around I'd likely call the police, try and have my kids not look. I'd also throw a punch or two at the guy. I'd be happy with 30 days and no sex offender register. Let's get real here. This isn't child porn, etc. it's two adults who got drunk and made a dumb mistake. Our kids will learn about sex soon enough. 30 months of prison is absurd.

The " my kids saw sex" argument is flawed. They will see, and do it, eventually. Perhaps this was an unfortunate way to see it. If they are young enough, you make a story to conceal it. If they already know what sex is and they saw it, you use it as a lesson. The whole world didn't see it, just a few people.

And if you are still that much of a prude, well, that's sad. Should we give enhancements to car thieves when a few kids see it? How about an aggravation for petty theft if my kid sees it at 7-11?

30 months? Sad.

Anonymous said...

That's a damn good lay for a 40 year old ex con !

Anonymous said...

Let's talk priors, though ....

Anonymous said...

10 minutes to figure out smh? Surely you exaggerate. My Google search result took .31 seconds and shaking my head was the 2nd result.
You living in the days of the dinosaur with dial-up?

Anonymous said...

Why do we keep on punishing people for the wrong things....

I could see a month or so for sex on the beach but, as a tax payer, I cannot justify the expense of 3 years in prison for THIS.

Anonymous said...

It is on a much more somber note that I must report that Ruby Feria passed away last night after a long battle with cancer. Though not a lawyer, Ruby had a profound impact on our lives at MJB, in that she helped elect the vast majority of our Judges. With her sharp wit and bright blond hair Ruby had been a fixture on the judicial campaign circuit for well over 25 years. Her bright smile and biting political commentary will be missed.
Tom Cobitz

Anonymous said...

Dear Rumpole:

Scarcely 2 blocks from RGB, a woman died in hospice care who is largely responsible for electing dozens of judges in the last 20 years. Without a college degree, Ruby Ferria became the most successful Latin market political consultant in Miami. Until last Monday, she had a daily talk show at La Poderosa where she introduced her clients to her Spanish speaking audience. She worked on the campaigns of William Thomas, Dennis Murphy, Bronwyn Miller, Ivonne Colodny, Jeri Beth Cohen, Bernie Shapiro, and Jacquie Schwartz to mention a few. Ruby gave advice and if you were smart, you took it. Many of her clients became friends and not in a Facebook kind of way. If Ruby called you a friend, it meant she looked into your soul and saw you were the real deal, kind, genuine. In her 30 years or so in politics she saw the good, the bad, and the ugly in people. She understood that people were not perfect and she accepted it. Like she said, even chickens have a dark side. Her wit will remain unmatched. No one will ever fill her shoes, or better said, her six inch heels. If you were lucky enough to have known Ruby, then you have memories that will forever bring you joy. Say a prayer for Ruby Feria tonight, someone in heaven needs a friend and she's been summoned. I will miss you my dearest friend, godspeed.

Anonymous

the trialmaster said...

Its not just the tapping going on, it the fact that they kept strapping even after it became apparent that others including children were watching. It was not discrete at all. the guy was too cheap to get a room, so now he gets free lodging for 30 months. And maybe some thug will use him as new meat. He may be on the receiving end now instead of the giving end.

Anonymous said...

trialmaster

the last two sentences of your rant worry me.