No Opportunity to Object Trial Court's Action Case In Texas
In Papillion v. State, 908 S.W.2d 621, 623 (Tex. App.--Beaumont 1995, no pet.), we noted that "in Issa v. State, 826 S.W.2d 159, 160-161 (Tex. Crim. App. 1992), the Court held that when an appellant has no opportunity to object to the trial court's action until after that action has taken place, the raising of the objection in a timely filed motion for new trial will preserve the error for appellate review."
Because the appellant had timely filed a motion for new trial that complained of the trial court failing to permit withdrawal of the plea of guilty following its rejection of the agreed punishment recommendation, error had been preserved. Id.