A state statute makes it a criminal offense for “three or more persons to conduct, direct, or own a gambling business.” Several defendants were convicted of “conspiring to violate the statute.” In addition, each was convicted of the substantive offense of gambling. On appeal, each defendant argues that the conspiracy offense merged into the substantive offense of gambling because the offense of gambling required participation of a number of persons. The state counters that the harm attendant upon commission of the offense of gambling is not limited to the parties to the conspiracy. Moreover, it points out that those prosecuted for the conspiracy would not necessarily be identical to those who are prosecuted for the substantive offense of gambling. How do you think an appellate court should rule in this instance? Why?