A Whitfield County jury found Javier Perez Guzman guilty of burglary, which charge arose when Guzman broke down his neighbors’ apartment door and entered their residence in the hopes of acquiring “pills.” He appeals and, in his sole enumeration of error, Guzman contends he received ineffective assistance of counsel at trial because his attorney did not pursue a medical defense to demonstrate Guzman’s lack of criminal intent. For the reasons that follow, we find that Guzman’s contention has merit, and we reverse his conviction. From the facts of record, it appears that Guzman, an Hispanic resident with limited English, lives with his wife and children two doors away from the victims in the same apartment building. At approximately 10:30 p.m. on the incident date, Guzman knocked on one neighbor’s door and asked, “Hey, do you have some pills.” That neighbor responded in the affirmative and gave Guzman two Advil. Guzman told the neighbor that the Advil were “too soft” and that he was looking for the “hard ones.” The neighbor thought Guzman might be “drunk” because of his eyes and the way he was acting.
Guzman then knocked on another neighbor’s door and no one answered. He moved on to the victims’ door; he knocked, and no one answered. He found a rock and used it to force open the door. Guzman entered the residence. The police were called. When the responding officer arrived, he searched the apartment. From under a closed bathroom door, the officer saw a light shining. He knocked on the bathroom door, and Guzman opened it. The officer testified that Guzman appeared “spaced out,” “dazed,” and his eyes were “glassy looking”; however, Guzman did not appear to be under the influence of drugs or alcohol. His speech was “fine,” and he “carried on a conversation” with the officer. Guzman told the officer that he was in the bathroom “looking for some pills.” The officer further testified that Guzman was “sweating, you know, profusely” and that there was “a grayish look on his face.” Guzman was arrested. Upon his release, he returned to his apartment two doors away from the victims and, apparently, still lives there. No further problems have ensued. Guzman had never been arrested before and had no criminal record.
