Brown, J.
Before addressing the issues raised by Montgomery, we discuss the propriety of the post-conviction court’s order that Montgomery be granted a second direct appeal as a result of its determination that he received ineffective assistance of appellate counsel. . . . .
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Where the reviewing court on post-conviction determines that ineffective assistance of appellate counsel was rendered on direct appeal regarding a defendant’s conviction, the proper remedy is to vacate the conviction and sentence imposed thereon. See, e.g., Henley v. State, 881 N.E.2d 639, 653 (Ind. 2008) (holding that the defendant received ineffective assistance of appellate counsel regarding a claim of insufficient evidence to support an attempted murder conviction, reversing the post-conviction court on that issue, and remanding with instructions to vacate the conviction and the sentence imposed thereon). We note that, unlike cases where a conviction is vacated for insufficiency of the evidence and retrial is precluded based upon double jeopardy principles, here Montgomery was found to have received ineffective assistance of appellate counsel with regard to an evidentiary issue, and accordingly Montgomery is subject to retrial.
BARNES, J., and BRADFORD, J., concur.