What is the test for making a claim for equal protection when a defendant is charged under both the same criminal statutes?

Moreover, the law is clear that "neither the existence of two identical criminal statutes prescribing different levels of punishments, nor the exercise of a prosecutor's discretion in charging under one such statute and not the other, violates equal protection principles." (People v. Wilkinson (2004) 33 Cal.4th 821, 838.) In other words, the state has considerable leeway in terms of choosing which punishment is suitable for a particular offender when his or her conduct violates more than one statute. Unless a defendant seeking Proposition 47 relief can show he or she has been singled out for differential treatment based on some invidious criterion, no equal protection violation will be found. (Id. at p. 839.) Because appellant has not made such a showing, her equal protection claim fails.

The trial court's order is affirmed.