Gary E. Aldridge v. James Fortner, Warden, and State of Tennessee

The petitioner, Gary E. Aldridge, was convicted in 1997 of one count of aggravated kidnapping, two counts of aggravated rape, one count of rape, and two counts of simple assault, all perpetrated upon his estranged wife. The trial court imposed an effective sentence of sixty years, with a sentence of seventeen months and twenty-nine days to be served consecutively. The judgments were affirmed on direct appeal, and our supreme court denied permission to appeal. State v. Gary Eugene Aldridge, No. 01C01-9802-CC-00075, 1999 WL 632299, at *1 (Tenn. Crim. App. Aug. 19, 1999), perm. to appeal denied (Tenn. Jan. 31, 2000). Subsequently, the petitioner began a series of post-conviction filings. This appeal resulted from the dismissal of his fourth petition for writ of habeas corpus. The State argues that the notice of appeal was untimely and, therefore, the appeal should be dismissed. We agree and dismiss the appeal.