dissenting.
I dissent only to the remand of the case to the Court of Appeals. Pursuant to Rule 202(f), Tex.R.App.P., we should order the Clerk of the Court of Appeals to forward the recording in order that we may properly review the Court of Appeals’ decision. Contrary to footnote 4 of the majority opi-non, Rule 202, supra, does not place the burden on the State to have exhibits filed in the Court of Appeals forwarded to this Court. Rule 50(d), cited by the majority, applies to the original record on appeal from the trial court.
For these reasons, I respectfully dissent.
ONION, P.J., TEAGUE and MILLER, JJ., join in this dissent.