The opinion
BAKER, Judge,
concurring in result.
Although I concur in Parts II, III and IV of my colleagues’ opinion, I must respectfully concur in result as to Part I.
Whether an alternate juror improperly participated in a jury’s deliberation can only established by those in the jury room. For this reason, Ind. Evidence Rule 606(b)(3) permits evidence to disclose “whether any outside influence was improperly brought to bear on any juror.” Thus, I would allow consideration of the affidavits.
However, all this evidence only discloses that the defendant had the benefit of thirteen jurors rather than twelve. All twelve regular jurors agreed to the verdicts and, apparently, so also did the alternate. The defendant demonstrates no prejudice and, thus, may not impinge the trial court’s judgment.