Is there substantial evidence to support a conviction for making a criminal threat?

While there is no doubt there is substantial evidence to support a conviction for having made a criminal threat, having reconsidered the matter we must nevertheless reverse the conviction. There is a duty on the part of trial courts to instruct the jury "on lesser included offenses" when the evidence supports such an instruction. (People v. Breverman (1998) 19 Cal.4th 142, 148.) Here, the trial judge did not instruct the jury on the possibility of attempted criminal threat. He should have. (See People v. Toledo (2001) 26 Cal.4th 221 (Toledo).)