State v. Floyd, 2011 Ohio 558

Floyd was indicted February 13, 2009, on assault on a peace officer (fourth-degree felony) and resisting arrest (misdemeanor).
The defense pled not guilty and not guilty by reason of insanity; a competency evaluation was ordered in February 2009.
May 27, 2009 evaluation reported uncertainty on insanity but-restoration was possible; June 8, 2009 court ordered psychiatric stabilization and restoration at Appalachian Behavioral Healthcare.
July 31, 2009 competency was restored based on the report, and Floyd withdrew the insanity plea.
August 19, 2009 Floyd changed plea to guilty/no contest to the felony with dismissal of the misdemeanor and a negotiated sentence; August 21, 2009 judgment entered.
March 25, 2010 Floyd moved to file a late appeal; May 12, 2010 this court granted permission and Floyd appealed arguing medication-related incapacity at sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Floyd was competent to waive rights and plead due to medication issues	Floyd argues he was not properly medicated, affecting voluntariness.	Prosecution contends no withdrawal of plea was sought; competency had been established.	Third assignment overruled; plea validity not withdrawable on appeal.

State v. Sumes, 2002-Ohio-1582 (Stark Dist. 2002) (trial court waiver requirement precludes appellate plea challenges raised for first time)
State v. Gibson, 2008-Ohio-4518 (Mahoning App. 2008) (plea challenges not governed by R.C. 2953.08 when not appeal-based sentencing)
State v. Royles, 2007-Ohio-5348 (Hamilton App. 2007) (discusses plea challenges on appeal without trial-level withdrawal)
State v. Ketterer, 111 Ohio St.3d 70 (2006-Ohio-5283) (ineffective assistance analysis not applicable to this plea issue)
State v. Ferguson, 108 Ohio St.3d 451 (2006-Ohio-1502) (supreme court addressed plea withdrawal contexts with different tests)