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State seeks review of appeals court decision in manufacturing case

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Donald Tummons 2

HUTCHINSON, Kan. – As we recently told you, 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 methamphetamine manufacturing case.

Donald Tummons was before District Judge Trish Rose two weeks ago to be re-sentenced in the 2006 case. He apparently challenged the sentence 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.

He was not in court Friday, but Deputy District Attorney Tom Stanton notified the court that they will file a petition for review with the Kansas Supreme Court over the ruling by the Kansas Court of Appeals, who issued an opinion vacating the sentence and remanding the case back to District Court with instructions.

So any re-sentencing of Tummons will be on hold for some time while the issue continues at the appellate level.

The case starts with Reno County Sheriff’s officers pulling over a Toyota pickup Tummons 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.

Whether the Kansas Supreme Court will agree to review the case is unknown at this point.


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