Is it unconstitutional for the Texas Legislature to authorize a greater punishment range and maximum punishment for aggravated assault - family violence than for the greater offense of murder committed in the heat of passion?

QUESTIONS PRESENTED In Texas, a person who commits aggravated assault family violence by causing serious bodily injury to his girlfriend with a deadly weapon is subject to a punishment range of five years to life imprisonment. A person: who commits murder by intentionally killing his girlfriend with a deadly weapon under the immediate influence of sudden passion arising from an adequate cause is subject to a punishment range of two to 20 years imprisonment. These statutory punishment schemes subjected Petitioner, whom seriously injured his girlfriend with a deadly weapon in the heat of pas; sion -, to a sentence 35 years longer than if he had killed her in the heat of passion. Petitioner's trial counsel did not advise Petitioner that a constitutional challenge could be made to the statutory punishment scheme for aggravated assault family violence. This case therefore presents the following questions: . 1. Is it unconstitutional for the Texas Legislature to au: thorize a greater punishment range and maximum punishment for aggravated assault family violence than for the greater offense of murder committed in the heat of passion? 2. Could reasonable jurists disagree whether Petitioner's trial counsel was ineffective for failing to advise Petitioner that a constitutional challenge could be made to the statutory punishment scheme for aggravated assault family violence and for failing to file a motion and preserve the issue for appeal? 3. Was Petitioner's guilty plea involuntary as a result of inadequate advice of trial counsel? LAWLER V. DAVIS i