Michael v. Commonwealth, Pennsylvania Board of Probation & Parole

Opinion by

Judge Colins,

Petitioner, while on parole, was arrested and subsequently convicted for leaving the scene of an accident. At the time of his arrest, petitioner had in his possession a folding knife, with a 3-1/2" blade. The knife was in a folded state and secured in a sheath attached to petitioner’s belt. The knife in question was not concealed but rather was carried in plain view.

Subsequently, petitioner received six months back-time for the misdemeanor conviction and an additional nine months backtime for violation of general parole condition 5B, which requires that a parolee…