HUTCHINSON, Kan. – There is some question regarding the re-sentencing for a 58-year-old man who was originally sentenced to 22-years in prison in a meth manufacturing case.
Donald Tummon’s was before District Judge Trish Rose Friday to be re-sentenced in the 2006 case. He apparently challenged the sentenced handed down by the late Judge Richard Rome.
He was convicted of meth manufacturing and additional charges associated with making meth, including possession of anhydrous ammonia, ephedrine and drug paraphernalia with the case going back to Aug. 12, 2006.
Judge Rose handed down a sentence on each of four counts, but then ran them concurrent to each other for a total sentence of just over 14-years. Deputy District Attorney Tom Stanton then questioned that noting that Judge Rome had run the sentences consecutive which ran the sentence 22-years. Defense Attorney Shannon Crane then indicated that the judge had discretion in handing down any sentencing.
It was clear that the arguments over this issue would take longer then what the judge wanted during her Friday docket, so she decided to push the arguments and sentencing to sometime early next week.
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.
Interestingly, The Kansas Court of Appeals issued an opinion in this case Friday vacating the sentence and remanding the case back to District Court with instructions. Stanton says its unknown to him what that’s about.
We’ll let you know what happens in this case next week.