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Defendant contends that the delay in appointing appellate counsel and hearing this automatic appeal (from the judgment in September 1990 to the present) deprived him of due process, and that his execution after such delay would serve no legitimate penological purpose and would therefore violate the Eighth Amendment to the United States Constitution.  We have rejected substantially identical contentions in several recent cases (People v. Ochoa (2001) 26 Cal.4th 398, 462-464; People v. Anderson, supra, 25 Cal.4th at pp. 605-606; People v. Frye, supra, 18 Cal.4th at pp. 1030-1031) and find no cause to reconsider those decisions here.

XXIX.  Challenges to the Method of Execution

Defendant raises various challenges to the constitutionality of execution by lethal injection and by lethal gas.  We have previously rejected such claims as noncognizable on appeal and as lacking merit.  (See People v. Holt (1997) 15 Cal.4th 619, 702 [claim noncognizable because “an imperfection in the method of execution does not affect the validity of the judgment and is not a basis for reversal of the judgment on appeal”; claim as to lethal injection also fails on merits because it is “based on anecdotal evidence of the administration of lethal injection in other states, and does not support a conclusion that this method of execution as administered in California violates the Eighth Amendment”]; People v. Bradford (1997) 14 Cal.4th 1005, 1058-1059 [lethal gas not unconstitutional method in light of § 3604, subd. (b), which provides persons under sentence of death with the choice of gas or injection; claim also premature in that it does not bear on the validity of the death sentence itself].)  Nor can the application to defendant of section 3604, as amended in 1992, be considered an ex post facto law, or a bill of attainder, for it did not increase, or make more burdensome in any way, defendant’s punishment.  (See Vickers v. Stewart (9th Cir. 1998) 144 F.3d

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