The Order was delivered per curiam.

Danny D. Burns, attorney of record in the case styled Ex Parte Michael Wayne Bohannan, Trial Court No. C-1-008898-0201732-J from the Criminal District Court Number One of Tarrant County, Texas, was served with a copy of an ORDER TO SHOW CAUSE AND FILE BRIEF, which Order was dated October 12, 2010, after Danny D. Burns failed to timely file the Applicant's brief in this Court.

On October 22, 2010, Danny D. Burns filed Applicant's brief and response to this Court's order to show cause. It is plain from the record that Danny D. Burns has complied with the Order of this Court and is, therefore, not in contempt of this Court. Accordingly, the original contempt proceedings instituted by our ORDER TO SHOW CAUSE is dismissed.

IT IS SO ORDERED THIS THE 28^th DAY OF OCTOBER, 2010.

EN BANC

DO NOT PUBLISH