In Soto v. State, 671 S.W.2d 43, 44-46 (Tex. Crim. App. 1984), the Court held that a record created from tapes of proceedings was unacceptable. The defendant had requested that a court reporter record proceedings in his case. The trial court denied the defendant's request because no court reporter was available. The county clerk made tape recordings of the proceedings instead. The deputy county clerk transcribed the tapes. Parts of the tapes were inaudible, and therefore the record contained gaps. The Court granted review to determine whether former Texas Code of Criminal Procedure Article 40.09 "mandated that a certified court reporter take down and transcribe the testimony at trial or whether the trial court may employ other comparable alternative methods of insuring an appellate record is prepared, after the appellant requested that a court reporter take down the proceedings." Id. at 44. The Court held that deviating from the procedure set out in former Article 40.09 in this way was not permitted. The Court said that the reasoning of Soto is sound today although it was an application of Article 40.09 rather than Rule of Appellate Procedure 34.6(a)(1), 34.6(e)(2), and the Appendix, Order Directing Form of Appellate Record (b)(1)(q). See Gomez v. State, 962 S.W.2d 572, 574 (Tex. Crim. App. 1998). The requirements of the former article were incorporated in the Rules of Appellate Procedure. Ibid.