dissenting.
I respectfully dissent. The majority holds that an exhibit is not exclusively part of the statement of facts; therefore, Rule 50(e) of the Texas Rules of Appellate Procedure does not apply when the exhibit is lost or destroyed without appellant’s fault. In reaching this conclusion, the majority disregards precedent set by this Court in which we held the court reporter’s records include exhibits incorporated in the statement of facts, and found Rule 50(e) applicable when the exhibits were lost or destroyed. See Owens-Illinois, Inc. v. Chatham, 899 S.W.2d 722, 731-32 (Tex.App.—Houston [14th Dist.] 1995, writ requested). Instead, the majority applies a harmless error analysis to the loss of an exhibit by assessing the impact of the lost exhibit on the outcome of the points of error raised by appellant, and by assessing this Court’s ability to interpret the exhibit.
Even if the majority were correct in finding exhibits to be sui generis, and not necessarily part of the statement of facts, the record indicates that, in this case, the exhibits had become part of the court reporter’s records, and were intended to become part of the statement of facts. Not only did the court reporter have possession of the exhibits until they were lost or destroyed, but appellant formally requested the court reporter to include all exhibits in the statement of facts.1
*742Furthermore, by its affirmance, the majority disregards the clear meaning of Rule 50(e), and precedent set by the Texas Court of Criminal Appeals. Rule 50(e) provides in relevant part:
If the appellant has made a timely request for a statement of facts, but the court reporter’s notes and records have been lost or destroyed without appellant’s fault, the appellant is entitled to a new trial unless the parties agree on a statement of facts.
Tex.R.App.P. 50(e); Lewis v. State, 844 S.W.2d 750, 751-52 & n. 5 (Tex.Crim.App. 1993) (noting Hidalgo, Chambers & Co. v. FDIC, 790 S.W.2d 700 (Tex.App.—Waco 1990, writ denied) in which all trial exhibits were lost and the court granted appellant a new trial); see also Perez v. State, 824 S.W.2d 565, 567 (Tex.Crim.App.1992); Emery v. State, 800 S.W.2d 530, 533 (Tex.Crim.App.1990) (quoting Harris v. State, 790 S.W.2d 568 (Tex.Crim.App.1989) and Dunn v. State, 733 S.W.2d 212 (Tex.Crim.App.1987)). The majority’s concern, here, is the waste that results from relitigating a case where trash, namely, food wrappers, soft drink cans, and a cigarette butt have been lost, in light of the fact that this Court lacks the expertise to analyze the fingerprint lifted from one of these items.
Nevertheless, the Texas Rules of Appellate Procedure deal harshly with those who fail to bring forth the full record on appeal. For example, if appellant, or another party seeking review, fails to bring forth a sufficient record to show error requiring reversal, he fails to preserve error. Rule 50(d). Likewise, the consequence of failing to comply with the strict procedural requirements of Rule 53(d) when limiting the record on appeal is that the appellate court presumes the missing evidence is relevant and supports the trial court’s judgment. Rule 53(d); Superior Packing v. Worldwide Leasing, 880 S.W.2d 67, 70 (Tex.App.—Houston [14th Dist.] 1994, writ denied); Matthews v. Land Tool Co., 868 S.W.2d 25, 26 (Tex.App.—Houston [14th Dist.] 1993, no writ). Therefore, to find exhibits as part of the statement of facts, in general, or when so intended and requested, and the loss or destruction of those exhibits to fall within the ambit of Rule 50(e) is consistent with the interpretation of other rules which concern the record on appeal.
Because the enforcement of these procedural rules is harsh and seems hypertechnical, practitioners often request a more common sense approach in light of limited judicial resources. See Matthews, 868 S.W.2d at 26. Nevertheless, while the preservation and best use of judicial resources is a valid concern, it must be balanced against a competing need for a complete record, including exhibits if requested, in order for the appellate court to assess the integrity of the verdict. See Perez, 824 S.W.2d at 568. For that reason, the court of criminal appeals has held that the loss of any part of the statement of facts is not subject to harmless error analysis. Id. As the court of criminal appeals noted in Perez:
This type of error does not affect the internal integrity of a trial, but instead interferes with the judicial process by blocking an appellate court’s ability to assess the record of a trial. How can we say the instant failure to provide a complete record did not contribute to the verdict or punishment when the failure has prevented us from having a complete record from which to assess the integrity of the verdict?
Id. at 568. In light of the fact that appellant raised a sufficiency challenge involving one of the lost exhibits, the necessity of reviewing the exhibit is apparent. A challenge to the sufficiency of the evidence requires an appellate court to examine the entire record including all the exhibits. Adams v. Transportation Ins. Co., 845 S.W.2d 323, 326 (Tex.App.—Dallas 1992, no pet.).
Accordingly, I would sustain appellant’s first point of error, and reverse the judgment of the trial court and remand the cause for a new trial.
. The majority finds appellant failed to preserve error because he did not specify in his written designation filed with the court clerk "the parts of the record, proceedings and evidence to be included in the record on appeal.” Rule 50(b) (emphasis added). Appellant, however, was not required to make such a request of the court clerk because Rule 53(d) instructs him to request *742the official court reporter to include exhibits in the statement of facts. Rule 53(d). In fact, appellant asked the court reporter to prepare the statement of facts in question-answer form, and to include all exhibits, voir dire, and arguments of counsel in his request for the preparation of the statement of facts, and thus preserved error on appeal.