Legal Question in Criminal Law in California

Re: appeal rights public defender failure to sufficiently represent defendant in

You will be provided with an appointed attorney on appeal, so be sure to discuss the specifics of your case with her.

It is sometimes possible to argue ineffective assistance of counsel in an appeal, but this can only be done where the record shows that the lawyer made a serious mistake. If he didn't try to use your evidence, then that evidence probably isn't in the record and the argument won't be available on appeal.

That doesn't necessarily mean you're out of luck, since you can make the same argument in a habeas corpus petition -- a procedure which will allow you to use evidence that was not used in trial. But if there was a legitimate reason for not using your suggested evidence, you will not be able to persuade the appellate court that your lawyer was ineffective.