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

QUESTION(S) PRESENTED ; , 1. Whether the Texas Court of Griminal Appeals decision conflicts with Smith v. Robbins, 120 S.te. tue 42000), Hopper v. Hvans, 102 S.Ct. 2049(1982) and Purns v. Mays, 143 $.Ct. 1077(2023) when it hell} 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 Upurt of Criminal Appeals erred in deciding the case : on an incomplete trial court record.