Appellant submits that the Trial Court's erroneous failure to instruct the jury on the lesser included offense of attempted criminal threat deprived him of due process of law and his right to a jury trial. U.S. Const. 5th & 14th Amends.; accord, Beck v. Alabama (1980) 447 U.S. 625, 633-638.

Section 654 prohibits multiple punishment; the trial court must stay execution of sentence on the convictions for which multiple punishment is prohibited.

Whether the trial court's erroneous failure to instruct the jury on the lesser included offense of law and the defendant's right to a jury trial violated the U.S. Constitution