Does Grey v. State violate constitutional due process and equal protection by allowing the State unequal procedural rights in submitting lesser-included offenses?

QUESTIONS PRESENTED Does Grey v. State, 298 S.W.3d 644 (Tex. Crim. App. 2009) violate the Due Process and Equal Protection clauses of the United States Constitution by allowing the State to submit a lesser-included offense to the jury merely by requesting it while the defendant must show some evidence in the record suggesting that defendant is guilty, if he is, of only the lesser-included offense? Does Grey v. State, 298 S.W.3d 644 (Tex. Crim. App. 2009) violate the Fifth Amendment’s requirement of a grand jury indictment and the Sixth Amendment’s requirement of notice of the charges by allowing the State to add a lesser-included charge at the conclusion of trial merely on request?