State v. Lytsell

*171EDMONDS, P. J.

Defendant has petitioned for reconsideration of our opinion affirming his convictions for robbery and kidnapping. State v. Lytsell, 184 Or App 75, 55 P3d 503 (2002). We allow the petition, withdraw our former opinion, and reverse those convictions.1

We restate the facts as we described them in our previous opinion:

“Defendant and two other men, Sandborn and Clippinger, burglarized the home of the victim, Fornataro, on the evening of January 5, 1998. While the three intruders were inside the house, Fornataro and his son returned home. Fornataro testified that he became suspicious…