STATEMENT OF CASE

Petitioner WAS CONVicted in case No. 81758 of the offense of Agyravated Kid napping and a habitual felony offender and punishment WAS assessed at forty (40) year in the institutional Division of the Tetrs Department of Criminal Justice. A Motion for New Trial was timely filed on April 4, 2001. The Motion for New Trial was denied by Judge Leonard Giblin on April 6, 2001.

STATEMENT OF Jurisdiction

Art. 44.02 42-【 Jurisdiction】Fimality of Judgment. A Judgment of conviction is AN indispensable Reguisite to the right of appeal in a criminal case and such frets must be made to appear before the court of criminal Appeals can entertain [ Jurisdiction]. Ex Parte Morris C. App. 1924) Tex. Crim. 256, 257 S.W. 894.

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Point of Error

[1] Before the Judge Ad monshed the Petitioner made a verbally reguest known first to Counsel that he wanted to withdraw his quilty plea but Counsel did not take time out to delay that infornation over to the Judge that the Petitioner had changed his mind and did not want to accept the State plea bragain. Petitioner attempted to withdraw his quilty plea in a timely manner before sentencing and judgment by the Trial Court. And that request was denied. [2] There was no fraturally sufficient evidence that was presented before the Grand Juros to show that Petitioner had knowledge or know that the complainant Carolyn Guillory was at the Mark's Club and there is nothing to show that he made plans on going to the Mark's Club to abduct the complainant [3] The evidence is fraturally insufficient to show that Petitioner intentionally and knowingly abduet Carolyn Guillory and was in possession of a deadly weapon, to wit a firearm. [4] There was never an affirmative finding of a weapon to be offee into evidence to be presented before the Grand Juros. The evidence that is needed to support the elements of aggravated kidnapping, intentionally and knowingly abduct, and in possession of a deadly weapon to wit a firearm.

Brief of the Argument

Petitioner contends that had Counsel made it known to him that the State Attorney was not inclined to accept his request to abandoned the habitual offender enhancement paragraphs and the allegation of a firearm would not be included in the charge and the offense would be reduce. Petitioner was inclined to withdraw his quilty plea after the elaboration of the charge coming from the Judge stating Aggravated kidnapping.

*5 Petitioner contends that he would not have pleaded guilty and would have insisted on going to trial and he would have been acquitted or if convicted, would never the less have been given a shorter sentence than he actually received. The record thus, support prior to the Court acceptance and ruling of the plea agreement the judge asked the Petitioner whether he had anything to say and on the same day on January 25, 2001, petitioner response was a "Yes" and openly requested that he wanted to withdraw his guilty plea. The trial Court erred in refusing to allow Petitioner to withdraw his guilty plea and the judge entered the plea into evidence pending Petitioner plea not freely voluntarily and intelligently given this constitutional violation voids said plea and or sentence. In requesting this honorable Court in the interest of justice to order the record from the trial Court in making a just ruling.

Panyer for Relief The verdict in this cause is therefore contrary to the law and the available evidence which was not presented.

Wherefore, Premises Considered, Defendant prays that the Court set aside the judgment of consistion entered in this cause and order a New Trial on the merits.

Respectfully, Submitted Ereach Mastic signed this 31 day of July, 2015

Ordee On 2015, cause on to be considered Ernest Guy Martin Writ of error, and said motion is here by (Granted) (DEnied)