What is the basis for a finding of error in a trial court's refusal to instruct a jury to instruct on unanimity in a case where there were three distinct threats that could have constituted violations of section 422 of the Criminal Code?

Petitioner relies primarily upon People v. Melhado (1998) 60 Cal.App.4th 1529, which found reversible error in a trial court's refusal to instruct on unanimity in a case where the evidence showed three distinct threats that could have constituted violations of section 422 and, while the prosecutor had informed the judge and opposing counsel that he was relying on a single threat, he did so outside the presence of the jury. (Melhado, at pp. 1533-1535.) Melhado rejected the argument that the prosecutor made clear in closing argument that he was relying upon one specified threat and referring to the others "only as embellishments." (Id. at p. 1535.) The Melhado court stated: "It is possible to parse

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