COMMONWEALTH OF KENTUCKY V. GARY DAVIDSON

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RENDERED : FEBRUARY 19, 2009 TO BE PUBLISHED ,;VUyrrmt (~Vurt of ` tufu '~t 2006-SC-000180-DG COMMONWEALTH OF KENTUCKY V ON REVIEW FROM COURT OF APPEALS CASE NUMBER 2004-CA-000974-MR KNOX CIRCUIT COURT NO. 03-CR-00041-002 GARY DAVIDSON APPELLEE OPINION OF THE COURT BY SPECIAL JUSTICE MOORE AFFIRMING The Commonwealth appeals from a Kentucky Court of Appeals' decision reversing Gary Davidson's conviction for assault in the second degree and subsequently barring a retrial for the same offense under the Double Jeopardy Clause. Upon review of the record, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND On the night of March 26, 2003, Crystal Williams was involved in a physical altercation with her former boyfriend, Gary Davidson, and his girlfriend at the time, Tracey Rogers. Williams allegedly traveled to Davidson's trailer home to collect some of her belongings and confront Davidson about why he left her for Rogers . The situation quickly escalated when, according to Davidson, Williams began fighting him as soon as he opened the door to his home.

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