Does a threat made by defendant to a witness constitute a criminal threat or a forcible dissuasion of a witness?

The People note that defendant's January 6, 2009, threat, "I'm going to kill you if I get locked up and you have something to do with it," formed the basis of the count 11 criminal threat as well as the count 12 forcible dissuasion of a witness. The trial court found pursuant to section 654 that the count 11 criminal threat was not separate from the count 12 dissuasion. Having found beyond a reasonable doubt that defendant made the statement and specifically intended it to be taken as a threat (count 11), no rational jury could have found the missing element unproven. (People v. Ortiz, supra, 101 Cal.App.4th at p. 416.)