The verdict of a Llano jury last month was reaffirmed Monday when James Paul Vance, 53, was judged guilty of aggravated sexual assault before his retrial began.

424th Judicial District Judge Dan Mills accepted a plea of no contest, declared Vance guilty and sentenced the man to 12 years in prison for his crime.

As the punishment phase of the first trial was underway May 2, Judge Mills had been forced to declare a mistrial. The jury’s foreman came forward to say he had discussed the proceedings before a guilty verdict had been returned earlier in the day.

The victim had to describe the brutal assault at her Kingsland home Dec. 9, 2005, not once but a second time in the penalty hearing. She had told jurors she slept peacefully for the first time after their verdict.

Attacked on the day of her wedding anniversary, she had seen her marriage dissolve and family life disintegrate until she was staying mostly with her parents.

“This (plea) kept the victim from having to go through the agony of testifying again and reliving the attack,” said Assistant District Attorney Cheryl Nelson, who had meticulously prepared the case and its witnesses anticipating retrial Monday. “She was dreading having to testify and she was relieved to have a sure conviction.”

Vance, a vagrant, had a history of mental instability. One reason for the long delay in bringing him to trial had been repeated evaluations for competency.

More than 900 days of incarceration will be applied to his sentence for the rape conviction as time served. A plea of no contest (nolo contendre) carries exemption from any civil suit .

No legal action has as yet been filed against the juror, Thomas L. Kelly, whose impropriety led to dismissal of the initial verdict. Judge Mills said he had turned all the information he had over to District Attorney Sam Oatman.

“I still haven’t found another judge that has seen it happen,” said Mills.