THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals The State, Respondent, v. Allen Joe Gathings, Appellant.

Appellate Case No. 2010-176326

Appeal From Marlboro County Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2012-UP-494 Submitted August 1, 2012 – Filed August 22, 2012

AFFIRMED

Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Brendan J. McDonald, all of Columbia; and Solicitor William B. Rogers, Jr., of Bennettsville, for Respondent.

PER CURIAM: Affirmed1 pursuant to Rule 220(b), SCACR, and the following authority: Jones v. Lott, 387 S.C. 339, 346, 692 S.E.2d 900, 903 (2010) ("Under the two issue rule, where a decision is based on more than one ground, the appellate court will affirm unless the appellant appeals all grounds because the unappealed ground will become the law of the case.").

AFFIRMED.

HUFF, THOMAS, and GEATHERS, JJ., concur.

We decide this case without oral argument pursuant to Rule 215, SCACR.