BRADENTON, Fla. -- Jose "Benny" Caballero and Elissa Alvarez had a full weekend to wonder if they would be convicted of lewd and lascivious exhibition in the the presence of a minor.
Both sides rested their cases on Friday, reserving Monday for closing arguments and jury deliberation. It took the jury only 15 minutes to reach their verdict of guilty for both Caballero and Alvarez.
The couple was escorted from the courthouse by the Manatee County Sheriff's Office to be held until a sentencing hearing.
State attorney Anthony DaFonseca provided some insight into what that sentencing may be:
"15 years is what the maximum punishment is," he says. "There is no set-upon sentence what Mr. Caballero's going to get, or Ms. Alvarez ... we still have an opportunity to have some negotiations and what the state will recommend."
Caballero faces a longer sentence due to a prior conviction.
"Because he's determined a 'prison release reoffender,' he committed a qualifying offense within being released from prison within three years," says DaFonseca. "The statute presumes him to get the maximum presumptive sentence."
This statute doesn't sit well with Caballero's mother, who still feels her son did not break any laws.
"You heard it all: it looks like it was real, but it's just foreplay like any other kid would do," Mrs. Caballero says about her sons actions. "It wasn't appropriate but he is innocent."
That kid she is referring to is a 39 year-old man, and now both he and his 20 year-old girlfriend face jail time, and a lifetime title of registered sex offender.
Both counsels will have to meet to determine a date for sentencing, while the defendants wait from a prison cell.