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COURT OF APPEALS OF VIRGINIA


Present:  Judges Coleman, Willis and Elder
Argued at Salem, Virginia


DALE LEE PUGHSLEY
   OPINION BY
v. Record No. 1846-99-3 JUDGE SAM W. COLEMAN III
            OCTOBER 31, 2000
COMMONWEALTH OF VIRGINIA


FROM THE CIRCUIT COURT OF THE CITY OF LYNCHBURG
Mosby G. Perrow, III, Judge

  Sharon K. Eimer (James J. Angel, on brief), for appellant.

  Richard B. Smith, Senior Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.



  Dale Lee Pughsley was convicted in a jury trial of second degree murder, use of a firearm during the commission of a felony, and shooting into an occupied vehicle.  On appeal, Pughsley contends the trial court erred by permitting the Commonwealth to introduce during the sentencing phase of the trial prejudicial rebuttal evidence, consisting of unadjudicated criminal behavior and other specific bad acts and institutional infractions while in juvenile detention.  He contends the Commonwealth's rebuttal evidence should have been limited to rebutting the specific character evidence to which his witnesses testified and limited to the time period about which they testified.  We disagree and affirm the convictions.
BACKGROUND
David Robertson, the victim, and Larry Clingempeel, Robertson's friend who had been riding with him in Robertson's car, encountered Pughsley and his friend, "Nugget," at a convenience store where Robertson had stopped to purchase gas and beer.  Robertson and Pughsley were not strangers to one another, allegedly having been involved in a prior drug transaction.  Pughsley and Nugget entered Robertson's vehicle, with Robertson driving, Clingempeel in the front passenger's seat, Pughsley sitting behind Robertson, and Nugget sitting behind Clingempeel.  Pughsley directed Robertson to drive to a specified location where Pughsley and Nugget exited the vehicle and went into a nearby house.  After returning, Pughsley stood by the driver's side door, while Nugget stood beside the passenger door.  According to Clingempeel, an argument or some disagreement over a drug deal occurred and Pughsley shot Robertson in the left side of his neck, killing him as he sat in his car.
The jury convicted Pughsley of second degree murder, use of a firearm during the commission of a felony, and shooting into an occupied vehicle.  At the sentencing phase, the Commonwealth introduced evidence of Pughsley's twelve prior juvenile convictions.  
In rebuttal and in mitigation of punishment, Pughsley introduced testimony from his mother, father, sister, grandfather, and the mother of a friend.  Pughsley's mother testified that when Pughsley was five years old, she left him and his father and moved to Maryland.  Pughsley's mother also testified about her knowledge of Pughsley

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