dissenting
I respectfully dissent. In my view, we have recently confronted this identical issue and reached a conclusion different from the majority’s holding in the instant case. In Moore v. State, 691 N.E.2d 1232 (Ind.Ct.App.1998), we held that “the better alternative is to remain consistent with federal double jeopardy analysis and utilize the Blockburger ‘same elements’ test when our courts are asked to analyze double jeopardy claims under the Indiana Constitution.” Id. at 1236; see Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932). For the reasons stated in Moore, I would conclude that the double jeopardy analysis is the same under both the federal and state constitutions. Therefore, the analysis should focus on the statutory elements of the offenses in question to determine whether the legislature “intended to impose separate punishments for multiple offenses arising in the course of a single [incident].” Games v. State, 684 N.E.2d 466, 474 (Ind.1997), modified on other grounds, 690 N.E.2d 211 (1997), cert. denied, — U.S. --, 119 S.Ct. 98, 142 L.Ed.2d 78 (1998).
I would further hold that our reckless homicide and arson statutes do not constitute the same offense under Blockburger because each provision requires proof of an additional element which the other does not. Specifically, reckless homicide requires a reckless killing, while arson as a Class A felony requires that a person intentionally or knowingly damage property. See Berry v. State, 703 N.E.2d 154, 159 (Ind.1998) (holding that convictions for murder and Class A felony arson did not violate the Blockburger test even though both offenses were based on the same death resulting from fire). Therefore, I would find that the trial court did not violate Russell’s double jeopardy rights under the Indiana Constitution.