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STATE v. THEROFF

No. 5184-6-III.

33 Wn. App. 741 (1983)

657 P.2d 800

THE STATE OF WASHINGTON, Petitioner, v. PHILLIP LEE THEROFF, Respondent.

The Court of Appeals of Washington, Division Three.

As amended by order January 26, 1983.

Attorney(s) appearing for the Case

C.J. Rabideau, Prosecuting Attorney, for petitioner.

Byron G. Powell and Wallace & Powell, for respondent.

[As amended by order of the Court of Appeals January 26, 1983.]

McINTURFF, J.

Does a trial court have the statutory authority to sentence a defendant convicted of second degree felony murder to lifetime probation and order him to pay $10,000 to a private charity as a condition of probation? We hold it does not have such authority and reverse the sentence imposed upon Phillip Lee Theroff.

Mr. Theroff was convicted of second degree felony murder in 1977...

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