State v. Theroff

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. Special findings were entered that he was armed with a deadly weapon and a firearm. He was sentenced to a maximum term of 20 years in prison. His conviction was affirmed. State v. Theroff, 25 Wn. App. 590, 608 P.2d 1254,…