¶1concurring.
¶2Agreeing with the opinion of the Court, I write to caution the bench and bar that the Court is deciding the single issue presented in light of former articles 36.03 and 36.04, V.A.C.C.P.
¶3There are certain statements in the opinion as to proper procedure to be followed when “the rule” has been invoked. They are taken from earlier decisions of the Court construing those articles. However, since the offense was committed and this case was tried well before September 1, 1986, Tex.R.Cr.Evid. Rule 613 (reproduced in note 1 of the opinion) is not at all implicated in this cause. Therefore, whether such statements apply to Rule 613 is an open question, left for determination another day in an appropriate cause.
¶4With that understanding, I join the opinion of the Court.