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. Matthew Antwain Jackson, Appellant.

Appellate Case No. 2013-001857

Appeal From Greenwood County Frank R. Addy, Jr., Circuit Court Judge

Unpublished Opinion No. 2015-UP-360 Submitted May 1, 2015 – Filed July 15, 2015

AFFIRMED

Appellate Defender David Alexander, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General J. Benjamin Aplin, both of Columbia; and Solicitor David M. Stumbo, of Greenwood, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Taylor, 411 S.C. 294, 299, 768 S.E.2d 71, 74 (Ct. App. 2014) ("[A]n appellate court is bound by the trial court's factual findings unless they are clearly erroneous."); State v. Knoten, 347 S.C. 296, 302, 555 S.E.2d 391, 394 (2001) ("The law to be charged must be determined from the evidence presented at trial."); State v. Watson, 349 S.C. 372, 375, 563 S.E.2d 336, 337 (2002) ("The primary test for determining if a particular offense is a lesser included of the offense charged is the elements test."); State v. Northcut, 372 S.C. 207, 215-16, 641 S.E.2d 873, 877-78 (2007) (holding an offense is not a lesser-included offense if it contains an element not included in the greater offense); S.C. Code Ann. § 16- 3-95(A) (2003) ("It is unlawful to inflict great bodily injury upon a child."); S.C. Code Ann. § 16-3-95(C) (2003) ("'[G]reat bodily injury' means bodily injury which creates a substantial risk of death or which causes serious or permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."); S.C. Code Ann. § 63-5-80 (2010) (stating it is unlawful to "cruelly ill-treat[] . . . or inflict[] unnecessary pain or suffering upon a child").

AFFIRMED.1 SHORT, LOCKEMY, and McDONALD, JJ., concur.

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