Ex Parte Williams

DAVIDSON, Judge.

When relator’s appeal was before this court, 164 Texas Cr. Rep. 137, 296 S.W. 2d 781, we refused to give consideration to or make a determination of his contention that his conviction should be set aside because he had entered his plea of guilty upon the representation of his counsel that the district attorney had agreed that he would be given a five-year suspended sentence. Our refusal to consider that contention was based upon our conclusion that the question had not been properly preserved in the trial court in that the motion for new trial under and by which the *131. matter…