The case against a 55-year-old Hutchinson man sentenced to 22-years in prison back in 2009 on a drug conviction was before the Kansas Court of Appeals Tuesday afternoon.

Donald Tummon’s was convicted of meth manufacturing and additional charges associated with making meth, including possession of anhydrous ammonia, ephedrine and drug paraphernalia. He was arrested on Aug. 12, 2006.

Tummon’s argues that because Judge Richard Rome denied his repeated request for a new attorney, he was prejudice with ineffective counsel. He had local attorney Sam Kepfield as his attorney and claims that he and Kepfield didn’t get along. He says that they argued all the time and that there was no communication. He even states that he was kicked out of Kepfield’s

Deputy District Attorney Tom Stanton argued that Kepfield told the court that he often couldn’t get a hold of his client. And he says his behavior in court was inappropriate at times and that he had been found in contempt. He was also restrained at the time of sentencing because of out burst.

Stanton called it a rock solid meth manufacturing case and said co-defendant Bradley Verstraete was acquitted in the case, but Stanton told the three judge panel that there were some mental issues involved with him.

The case starts with Reno County Sheriff’s officers pulling over a Toyota pickup Tummon’s was driving in Turon. Deputies reportedly noticed a strong chemical smell coming from the truck, in fact said Stanton, their eyes were burning.

Drug Enforcement Unit officers reported finding items consistent with a mobile meth lab, including glass jars, camp fuel, clear plastic tubing and starter fluid.

No ruling on the appeal was made Tuesday. That will come several months down the road.