Man charged in St. Charles-area marijuana operation case gets 180 days in jail
A man arrested in a Kane County indoor marijuana grow operation was sentenced Thursday to 180 days in jail, 30 months of probation and fined $10,600.
David M. Robbins, 48, who formerly lived near St. Charles but who now lives on the 900 block of Ogden Avenue in Downers Grove, was charged in November 2014 with four counts of possession of more than 5,000 grams of marijuana and three counts of production of 200 or more marijuana plants, according to authorities and Kane County court records.
The most severe charge of possession of more than 5,000 grams carried a punishment ranging from six to 30 years in prison with no chance of probation.
According to police, 463 marijuana plants and 14 pounds of dried marijuana packaged for sale were found after authorities searched Robbins' previous house on the 38W500 block of Mallard Lake Road near St. Charles.
Robbins pleaded guilty in late 2018 to the reduced charge of felony cannabis possession, a crime with a punishment ranging from probation to up to 15 years in prison, in exchange for other, more severe charges being dismissed.
Before the plea, Kane County Assistant Public Defender Ron Dolak had contested the case, and argued the charges should be dismissed because the Kane County Sheriff's Office in November 2015 destroyed the marijuana despite a state law requiring it be preserved if over a certain weight.
A judge issued an order in February 2016 allowing Robbins to inspect the seized marijuana, and Dolak argued his client was deprived of his right to due process.
"He received probation based on his limited criminal history and the issues the state was having with their evidence," Dolak said. "There was a good chance the court would have dismissed the cannabis charges based on the sheriff destroying the evidence."
Under state law, Robbins can have his sentence cut in half for good behavior while in jail. If he violates his probation, he could be resentenced to more jail time or even prison. Robbins had been free while the case was pending after posting $15,000 bond.