dissenting in part.
Although the evidence supports the conviction for resisting law enforcement (I.C. 35-44-3-3), it does not reflect that prior to the arrest for “tumultuous conduct” the defendant’s conduct was likely to result in serious bodily injury to any person or substantial damage to property.
*515The majority opinion is premised primarily upon the conclusion that the conduct which appropriately resulted in the conviction for resisting law enforcement also constitutes tumultuous conduct. Such analysis permits a person to be twice punished for the same act. That result is prohibited by constitutional double jeopardy considerations. Stwalley v. State (1989) Ind., 534 N.E.2d 229.
The majority opinion relies upon Indiana Supreme Court caselaw which appears to rigidly apply the Blockburger-Elmore test with regard to double jeopardy considerations. To be sure, mixed signals may be drawn from various cases. Compare Whittle v. State (1989) Ind., 542 N.E.2d 981 (rejection of same transaction test) with Jaske v. State (1989) Ind., 539 N.E.2d 14; Stwalley v. State, supra, 534 N.E.2d 229, and Ellis v. State (1988) Ind., 528 N.E.2d 60. In any event I do not read the cases to hold that the Blockburger test is disposi-tive of cases such as that here considered. Where, as here, a single act violates tiyo separate criminal statutes, conviction may be had on only one. Stwalley v. State, supra; Ellis v. State, supra; Blanton v. State (1989) Ind.App., 533 N.E.2d 190.
The majority finds an alternative basis for the disorderly conduct conviction in defendant’s activity prior to her arrest. Although there may have been the seeds of injury or damage in the situation before the arrival of the police, the danger had been greatly if not altogether diminished at the time in question. At least three police officers were present at the crucial time here involved. They had quieted all the participants in the disturbance with the exception of Whitley. I do not believe that there was sufficient likelihood of serious bodily injury or substantial property damage to support the conviction.
I would reverse the conviction for disorderly conduct.