Does section 1170.1, subdivision (a) of the California Criminal Code apply to "wobblers" who have been charged with the same nonviolent misdemeanors as felonies?

Hibbard's argument is based on the inherent denial of equal protection to all consecutively sentenced nonviolent misdemeanants, whether charged with "wobblers" or not. He argues by not applying section 1170.1 limitations to consecutive sentencing multiple misdemeanants can and will be sentenced to a longer period of incarceration than a multiple felon who commits the same or more egregious nonviolent crimes, thus violating equal protection principles. He cites People v. Powell (1985) 166 Cal.App.3d Supp. 12, 212 Cal.Rptr. 454, where the court reviewed a case in which the People's election to file "wobbler" offenses as misdemeanors resulted in the defendant receiving a greater term of incarceration than he could have received were he sentenced as a felon for those identical offenses. On those facts, the court concluded equal protection required the subordinate term limitations of section 1170.1, subdivision (a) be applied to "wobblers" when aggregate misdemeanor terms would otherwise exceed the maximum permitted if they had been sentenced as felonies.