Robert Battle, Jr., was convicted of attempted felony murder, attempted second-degree murder, and attempted robbery. Battle did not object to the jury instruction on attempted felony murder, but raised the issue as fundamental error on appeal. The Second District concluded that it was not fundamental error to fail to instruct on an essential element of attempted felony murder in this case when Battle's defense was mistaken identity. However, the Second District certified conflict with a decision of the Fourth District Court on this point. Battle also claims that the information charging him with attempted felony murder was fundamentally defective in that it failed to allege an essential element of the offense and that his conviction for both attempted second-degree murder and attempted felony murder constituted a double jeopardy violation.