DID THE COURT OF APPEALS ERR IN DECIDE PETITIONER'S RIGHT TD DUE P WAS NOT VIOLATED, WHERE THE VICTIM TESTIFIED ONE WAY DURING HIS TRIAL AND THEN TESTIFIED A DIFFERENT WAY DURING THE TRIAL OF A GCH3EFENDANT? i.e. , Testified that a gun was used, during Petitioner's trial, but then testified that he didn't remember seeing a gun, during the trial of the co-defendant.

DID THE COURT OF APPEALS ERR IN DECIDING PETITINER'S RIGHT TO FUNDAMENTAL FAIRNESS AGAINST CRUEL AND UNUSUAL PUNISHMENT WAS NOT VIOLATED, WHERE THE VICTIM'S TESTIMONY ABOUT THE USE OF A GUN WAS SUBSTANTIALLY DIFFERENT AT HIS PUNISHMENT HEARING THAN IT WAS AT THE CO-DEFENDANT'S TRIAL, AND THE DIFFERENCE IN THE VICTIM'S TESTIMONY RESULTED IN A DISPARITY IN PUNISHMENT FOR TWO DEFENDANTS CONVICTED OF THE S&ME CRIME?

Did the court of appeals err in deciding petitioner's right to due process was not violated, where the victim testified one way during his trial and then testified a different way during the trial of a co-defendant?