Hibbard

James A. Hibbard appeals a judgment imposing a consecutive sentence after his conviction for violating Penal Code section 4532, subdivision (a) (nonviolent escape from honor camp while confined for a misde meanor). By this appeal and in a companion writ petition, he challenges the imposition of a 10-year term composed of consecutive sentences for 12 alcohol- and drug-related traffic misdemeanors in the earlier sentencing which he was serving when he escaped. He claims this lengthy composite term violates equal protection, because his total consecutive misdemeanor term exceeds the maximum sentence he could have received had he been sentenced pursuant to section 1170.1 for an equal number of nonviolent felonies, assuming each was subject to the sixteen-month, two-year, three-year sentencing framework set forth in section 18.

For the reasons which follow, we find Hibbard’s consecutive misdemeanor sentencing did not deny him equal protection of the laws. We deny the petition for habeas corpus, dismiss so much of the appeal which purports to appeal from the misdemeanor consecutive sentencing and affirm the judgment, remanding with directions to correct the abstract of…