Man charged in break-in gets up to 63 years

September 19, 2011

MARTINSBURG, W.Va. — A man accused of breaking into a woman’s home while she was attending a viewing for her deceased husband last year was ordered Monday to serve up to 63 years in prison in Berkeley County Circuit Court.

Cletus Wayne Stotler, 42, who pleaded guilty in July to two counts of grand larceny, burglary and conspiracy, and one count of third-degree arson, was sentenced by 23rd Judicial Circuit Judge Christopher C. Wilkes, according to court documents.
The arson charge stems from the accusation that he set the victim’s car on fire, according to court documents.

Wilkes had the discretion to decide Stotler’s sentence as part of the plea agreement, but the state agreed not to take recidivist action against the defendant and ask for a longer prison sentence because he was previously convicted of multiple felonies, according to court documents.

For each count of grand larceny, Stotler is to serve a one- to 10-year sentence and a one- to 15-year sentence for each count of burglary. The conspiracy convictions each carry a one- to five-year sentence and Wilkes ordered Stotler to serve three years for the arson conviction. All of the sentences are to be served consecutively.

Two other defendants in the case — Robert L. Phipps, and Casey W. Stotler, both 20 — entered guilty pleas to one count of burglary in the case in May but have yet to be sentenced.

Phipps’ sentencing hearing has been deferred pending the outcome of his stay at the Anthony Correctional Center for Youthful Offenders, according to court records.

Casey Stotler is scheduled to be sentenced Oct. 3, according to court records.

The plea agreement in Cletus Stotler’s case also resolved a separate indictment of the defendant who was accused of burglary of at least one other residence last year, according to court documents.

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