BANKS, Justice, for the court:
In this case we are called upon to address the issue of whether the Circuit Court erred in denying a petition for writ of habeas corpus. We conclude that a commitment order alone is insufficient to establish the fact of conviction without a hearing. It follows that Section 99-39-5(2) of the Mississippi Code Annotated, which concerns post-conviction relief, was erroneously applied here because the petition alleged a pre-conviction claim...
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