What is the test for making a threat to kill a person who is not a witness?

California, United States of America

The following excerpt is from People v. France, A145537 (Cal. App. 2016):

under the circumstances in which it is made," the threat "is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat"; (4) the threat actually caused the person threatened "to be in sustained fear for his or her own safety or for his or her immediate family's safety"; and (5) the threatened person's fear was reasonable under the circumstances. ( 422, subd. (a); People v. Toledo (2001) 26 Cal.4th 221, 228.)

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