People v. Gauze case brief

People v. Gauze case brief summary
542 P.2d 1365 (1975)

CASE SYNOPSIS

Defendant appealed from a judgment of the Superior Court of San Diego County (California) that convicted him of burglary and assault with a deadly weapon after he entered his own apartment and shot his roommate.

CASE FACTS
After defendant and his roommate had a violent quarrel, defendant returned to their apartment with a gun and shot him. Defendant was convicted of burglary and assault with a deadly weapon. He appealed, and the court affirmed the assault conviction but reversed the burglary conviction.

DISCUSSION

• The court held that the codification of the common law crime of burglary retained the element that burglary could not be committed by someone who had a right to be in the structure or who was invited to enter. 
• This meant that one could not be guilty of burglarizing his own home. 
• Defendant also challenged his attorney's presentation of a diminished capacity defense even though he refused to enter an insanity plea.
• The court declined to consider the merits of this challenge because the only remaining conviction was for assault with a deadly weapon and diminished capacity was not a defense to this crime.

CONCLUSION
That part of judgment convicting defendant of assault with a deadly weapon was affirmed but the conviction for burglary was reversed. Defendant could not be found guilty of burglary for entering his own home with the intent to harm his roommate.

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