Is there any case law where an in-custody defendant has been convicted of making a criminal threat under section 422 of the Criminal Code?

Defendant cites several cases involving threats by in-custody defendants to support his argument he did not convey an immediate prospect of executing his threat. None of these cases helps defendant. Defendant's attempt to distinguish these cases is unavailing. If anything, the factual similarities support the finding of a criminal threat. In People v. Franz (2001) 88 Cal.App.4th 1426, this court affirmed convictions of section 422, including one made when the defendant was standing "behind the [police] officer, and defendant 'swiped his hand across his throat' perhaps twice, shook his head and put his finger to his lips, which [the victim] understood to mean defendant would slice his throat if he said anything to the police." (Id. at p. 1436.) In affirming the conviction, we rejected an argument that "there is no substantial evidence of immediacy because the police officer was present during the threat and thereafter escorted defendant away from the scene, and neither [victim] saw defendant again until prosecution of this matter." (Id. at p. 1449.) This court explained that "[t]he immediacy factor was present in the surrounding circumstances that defendant was in a rage." (Ibid.) Moreover, we

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