Does the Attorney General's allegation that a prosecutor made an election of the specific threat underlying count 5, criminal threat to children constitute a prosecutorial election?

The Attorney General asserts that the prosecutor made an election of the specific threat underlying count 5 by saying, "Count 5, criminal threat. This one's to the kids." However, we are skeptical that this was sufficiently clear to constitute a prosecutorial election, given that the prosecutor's next sentence was: "Threatened to cause bodily injury to [T.B.] and/or [K.B.]." The use of "and/or" indicates the prosecutor could have been referring to either the first or second threat.^[9] Prosecutorial elections must be "made with as much clarity and directness as would a judge in giving instruction." (People v. Melhado, supra, 60 Cal.App.4th at p. 1539.)