Summary of People v. Gauze

Facts:Mr. Gauze was found guilty of burglary and assault with a deadly weapon and appealed that conviction.  Mr. Gauze shared an apartment with Mr. Miller and a third person.  After fighting Mr. Miller and Mr. Gauze’s confrontation escalated where Mr. Gauze shot Mr. Miller in the arm and side within their apartment.

Issue:Can a person burglarize his own home?

Holding: Defendant had an absolute right to enter the apartment as he resided there, as such the defendant cannot be found guilty of burglary.

Court Rationale: As burglary is an offense against habitation and occupancy and to protect one’s own house from invasion, it is axiomatic that the occupant cannot commit burglary of his own house.  The entry requirement for burglary has to occur without consent, without a person possessing the right to be there.