1. Whether the Texas Court of Criminal Appeals decision conflicts with Smith v. Robbins, 120 S.Ct. 2446(2000), Hopper v. Evans, 102 S.Ct. 2049(1982) and Burns v. Hays, 143 S.Ct. 1077(2023) when it held that petitioner was not entitled to a lesser included offense instruction and that counsel was not ineffective for raising the issue on direct appeal.

2. Whether the Texas Court of Criminal Appeals erred in deciding the case on an incomplete trial court record.

Whether the Texas Court of Criminal Appeals improperly denied a lesser included offense instruction and found counsel not ineffective, and whether the court decided the case on an incomplete trial record