Gutierrez v. State

Jesus Gutierrez was convicted of three counts of lewd and lascivious battery on a child less than sixteen years of age. He was sentenced to two consecutive ten-year terms in jail on two counts and fifteen years probation on one count, to run consecutively to the two ten-year terms. For the reasons that follow, we affirm his convictions and sentences.

In October 2002, when S.J., the victim, met Gutierrez, a City of Miami police officer, she was fourteen years of age, and the officer was approximately thirty-three years old. Jackie Lazo, S.J.’s friend, told Gutierrez that S.J. liked him. S.J.…