¶1concurring in results.
¶2I disagree with the language of this opinion that states that even though some of the facts relied on by Petitioner in his claim of ineffective trial counsel are outside the direct appeal record there is no evidence that they were not available to direct appeal counsel, therefore waiver is not negated. See my vote in Conover v. State, 933 P.2d 904(Okl.Cr.l997). However, I recognize that this view is not shared by the majority of this court. Therefore, I concur in result by reason of stare decises.