James Matthew Gauze (defendant) fought with his roommate, Richard Miller, while the two were visiting a friend. Before leaving the friend’s home, Gauze told Miller that he was going to get a gun. After borrowing a shotgun from his neighbor, Gauze returned to the apartment he shared with Miller and shot Miller in the side and in the arm. Gauze was convicted of assault with a deadly weapon and burglary. Gauze’s burglary conviction was predicated on his entry into the apartment with the intent to commit the assault against Miller. Gauze appealed his convictions.