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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
STATE OF ARIZONA,
Appellee,
v.
v.
AFFIRMED
COUNSEL
MEMORANDUM DECISION
J O H N S E N, Judge:
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STATE v. STELLJES
Decision of the Court
had won. Winnings could be redeemed for cash or used to purchase more
computer time and game credits.
DISCUSSION
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STATE v. STELLJES
Decision of the Court
357, 22 (2007). We will not set aside a jury verdict if, "after viewing the
evidence in the light most favorable to the prosecution, any rational trier of
fact could have found the essential elements of the crime beyond a
reasonable doubt." Id. (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)).
1. Gambling.
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STATE v. STELLJES
Decision of the Court
12 Stelljes and Leinaar also argue the ESC Lounge was not
selling game entries, but instead was selling computer time that happened
to come with game entries. The State, however, presented sufficient
evidence for the jury to conclude that customers were buying game entries,
not internet time. See City of Cleveland v. Thorne, 987 N.E.2d 731, 735 (Ohio
App. 2013) (receipt of sweepstakes points for every dollar spent to purchase
internet time was gambling when customers' primary purpose was to
participate in sweepstakes). According to the record, customers with large
balances of internet time on their cards continued to buy additional cards
entitling them to game entries. For example, the jury saw copies of receipts
showing redemption of sweepstakes entries by customers who already had
internet balances of 1,533 minutes, 22,172 minutes, 1,595 minutes, 744
minutes and 952 minutes. Leinaar even acknowledged some customers
carried balances of tens of thousands of unused minutes.
2. Money laundering.
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STATE v. STELLJES
Decision of the Court
16 The jury heard evidence that Leinaar held money the business
took in for Stelljes, who owned the ESC Lounge, and that both Stelljes and
Leinaar would come to the business to pick up its receipts. The State also
offered evidence of Stelljes's business plan for the company, money it made,
and communications between Stelljes and Leinaar about whether the
business was making money. As noted above, the State also presented
evidence Stelljes knew or should have known the ESC Lounge was a
gambling operation. The evidence presented is sufficient to support the
jury's conviction of Stelljes for money laundering.
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STATE v. STELLJES
Decision of the Court
C. Motion to Sever.
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STATE v. STELLJES
Decision of the Court
equipment that was seized; she argues this disparity unfairly "rubbed off"
on her. When a significant disparity of trial evidence exists, "severance is
required only if 'the jury is unable to "compartmentalize the evidence as it
relates to separate defendants."'" Grannis, 183 Ariz. at 59 (quoting Singer v.
United States, 732 F.2d 631, 635 (8th Cir. 1984)). Leinaar does not explain
why the jury was unable to compartmentalize the evidence as it related to
her and Stelljes.
24 Leinaar also argues the court should have granted her motion
for severance because she was a "mere employee" of the ESC Lounge, but
she fails to explain how that defense is antagonistic to Stelljes's defense or
vice versa. A defendant seeking severance based on antagonistic defenses
"must demonstrate that his or her defense is so antagonistic to the co-
defendants that the defenses are mutually exclusive," that is, "in order to
believe the core of the evidence offered on behalf of one defendant, [the
jury] must disbelieve the core of the evidence offered on behalf of the co-
defendant." State v. Cruz, 137 Ariz. 541, 545 (1983). The defenses Leinaar
and Stelljes each advanced did not require severance. Stelljes's defense was
that the ESC Lounge was operating a legitimate sweepstakes rather than a
gambling operation, a defense on which Leinaar also relied. The jury did
not need to disbelieve Leinaar was merely an employee to believe the ESC
Lounge was operating a legitimate business.
CONCLUSION