A person conducts an illegal gambling enterprise when they knowingly aid, operate, or manage an illegal gambling enterprise. An illegal gambling enterprise exists in any room, location, home, or business where gambling occurs or communications that facilitate gambling occur. Gina Lazaro was the head of an illegal gambling enterprise in the state of Utopia, known as the Lazaro Organization. Lazaro's gambling enterprise operated a succession of "wirerooms," in Utopia where bets on sporting events were accepted over the telephone. The enterprise also sponsored casino nights, held at restaurants and bars, where guests played blackjack, craps, and poker. Ann Simons owned a house on Utopia Parkway that the enterprise used as its wireroom for a period of time. Simons was a gambler, and knew members of the Lazaro gambling organization, including Lazaro herself and Marty Baum, a bookmaker for the organization. Simons knew Lazaro and Baum's roles in the organization. In May of 2022, Baum went to Simons and said he wanted to rent his house on Utopia Parkway for a friend who was recently divorced. Simons agreed to this. The friend did not move in for six months, but from May 2022 until December 2022 the house was in continuous use as a gambling wireroom, operated by Baum. The house was not used in the gambling enterprise after December 2022, but in early 2023 the government recorded a phone conversation between Simons and Lazaro in which Simons offered Lazaro a key to the house and asked her whether everything was all right. Lazaro responded: "Yeah, yeah, they just wanted to get out of there. They spotted some guys out there I guess." Simons replied: "I know." Although Baum was the nominal tenant, the rent was often paid by Lazaro. At trial, Ann Simons was convicted of conducting an illegal gambling enterprise and sentenced to one year in jail. On appeal, she argued that the evidence was insufficient to establish that she knowingly aided an illegal gambling enterprise. You are an appellate judge in the state of Utopia where the Model Penal Code applies. 

Write a decision responding to Ann Simons' argument.

Answer rating: 100% (QA)

In reviewing Ann Simons appeal the court acknowledges her conviction for conducting an illegal gambl... View the full answer