It was just last month when the case against a 55-year-old Hutchinson man sentenced to 22-years in prison had his appeal heard by the three judge panel from the Kansas Court of Appeals. But, they’ve already issued a ruling in that case against Donald Tummon’s.

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 and claims he and Kepfield couldn’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 office at one point.

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 Tummon’s 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 an out burst.

Stanton at the time of the hearing called it a rock solid meth manufacturing case

A 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.