STATE v. ZACHER

No. CO-92-117.

504 N.W.2d 468 (1993)

STATE of Minnesota, Petitioner, Appellant, v. John Ignatius ZACHER, Respondent.

Supreme Court of Minnesota.

August 20, 1993.


Attorney(s) appearing for the Case

Margaret H. Chutich, Sp. Asst. Atty. Gen., Hubert H. Humphrey, III, Atty. Gen., St. Paul, for appellant.

Gregory K. Larson, Little Falls, for respondent.

Thomas H. Boyd, St. Paul, Minnesota Bankers Assoc., John S. Jackson, Michael P. Carlson, Minneapolis, for amicus curiae Mortg. Bankers Assoc. of Mn.

Heard, considered and decided by the court en banc.


WAHL, Justice.

Respondent John I. Zacher was convicted of defeating a security interest in real property in violation of Minn.Stat. § 609.615 (1992), received a stay of imposition of sentence, and was placed on probation not to exceed 5 years. The court of appeals reversed the conviction, holding that a mortgagor's conduct in removing fixtures after the foreclosure sale is not within the crime of defeating a security in real property because the mortgage, following...

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