concur in results.
¶ 1 I concur in result. I disagree with the majority’s treatment of the ineffective assistance of trial counsel in two respects. First, for the same reasons I expressed in Ledbetter v. State, 1997 OK CR 5, ¶¶ 1-6, 933 P.2d 880, 902-03 (Lane, J., concur in results). I disagree with the language of the court when it finds that the issue has been waived when the factual basis relied upon could have been available to the appellate counsel even though it was not in the record. Second, I would not find that there has been a waiver when trial counsel and appellate counsel are the same. Roberts v. State, 1996 OK CR 7, ¶ 12, 910 P.2d 1071, 1078-79; Fowler v. State, 1995 OK CR 3, ¶¶ 1-4, 896 P.2d 566, 569. This produces the absurd result that the attorney would have to raise an issue of his own incompetence in the appeal. Even if he were honest about it, he is too close to the trial and would not have an objective analysis to work with. However, when I consider the issue, as presented by post-conviction counsel, I find nothing to persuade me to grant relief. I also disagree with the majority when it finds that the competency issue was waived by failure to raise on direct appeal. I still maintain the position I took in Walker v. State, 1997 OK CR 3, ¶¶ 1-4, 933 P.2d 327, 344 (Lane J. dissenting). However, stare decisis requires me to concur on this issue.