concurring.
I agree that the order of the PCHA court must be affirmed. However, I do not agree with the conclusion that appellant’s claims of error have been waived, a conclusion which unnecessarily avoids the merits and is without justification on the record.
Appellant’s claims of ineffectiveness were presented to the PCHA court and decided adversely to him on their merits. On this appeal the Commonwealth does not dispute that appellant’s claims of ineffectiveness are properly before the Court. Indeed, it is a matter of record that on this PCHA petition appellant is for the first time represented by counsel other than the counsel whom he claims to have been ineffective. Because counsel cannot be expected to raise his own ineffectiveness, appellant’s claims of ineffectiveness have clearly been raised at the earliest opportunity. See Commonwealth v. Mabie, 467 Pa. 464, 359 A.2d 369 (1976); Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1975).
The PCHA court’s determination that appellant’s claims are without merit is supported by evidence of record and free of legal error. See Commonwealth v. Lutz, 492 Pa. 500, 424 A.2d 1302 (1981). Accordingly, the order denying appellant relief on the merits must be affirmed.
WILKINSON, J., joins in this concurring opinion.