Affirmed as Modified and Opinion Filed January 22, 2018 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-16-01419-CR 

No. 05-16-01420-CR 

No. 05-16-01421-CR 

No. 05-16-01422-CR 

No. 05-16-01423-CR 

REGINALE ANTHONY AGERS, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the Criminal District Court No. 7 

Dallas County, Texas 

 Trial Court Cause Nos. F14-15514-Y, F14-15515-Y, F14-15516-Y, 

 F14-15517-Y, F14-15531-Y 

MEMORANDUM OPINION 

Before Justices Lang, Brown, and Whitehill 

Opinion by Justice Whitehill 

 Appellant was convicted of four aggravated assault of a child offenses (the KG offenses)1

and one indecency with a child offense (the LM offense)2

, and was sentenced to seven years 

imprisonment for each offense. 

In ten issues, appellant argues that all judgments should be reformed to: (i) reflect that he 

pled no contest and (ii) provide credit for the 167 days he served in juvenile custody. In eight 

 1

 Trial court cause numbers F14-15514-Y, F14-15515-Y, F14-15516-Y, and F14-1557-Y. 

2

 Trial court cause number F14-15531-Y. 
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additional issues, he argues that the judgments for the KG offenses should be modified to delete 

the affirmative finding concerning the victim’s age and that the evidence is insufficient to 

support the finding that KG was ten years old when appellant committed the offense. The State 

agrees with all of appellant’s modification arguments. We thus modify the judgments and affirm 

as modified. 

I. ANALYSIS

A. Issues One through Ten: Appellant’s Plea and Juvenile Time Served 

 We first consider appellant’s arguments concerning modification of the judgments to 

reflect his no contest plea and to provide credit for the 167 days he served in juvenile custody. 

We have the authority to correct the trial court’s judgment to make the record “speak the 

truth” when we have the necessary data and information to do so. See TEX. R. APP. P. 43.2;

Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref’d). This includes the 

authority to reform a judgment to reflect credit for time served. See Stoles v. State, 688 S.W.2d 

539, 542 (Tex. Crim. App. 1985). 

Here, the record reflects that appellant pled no contest, and was in the custody of the 

Dallas County Juvenile Department from Nov. 22, 2012 through May 8, 2014.3

 When appellant 

was sentenced, the judge said that he would receive “all back time credit that [he] earned.” 

The judgments, however, state that appellant pled guilty. And while the judgments 

include credit for the time spent in custody after being certified as an adult, they do not include 

credit for juvenile custody time. We therefore sustain appellant’s first ten issues and modify the 

judgments 

to reflect the no contest plea and to include credit for time served in juvenile custody from 

November 22, 2013-May 8, 2014. 

 3

 Appellant was initially detained as a juvenile and later certified as an adult. 
 –3– 

B. Issues Eleven through Fourteen: Affirmative Finding Concerning Victim’s Age

The judgments for the KG offenses include an affirmative finding that “The age of the 

victim at the time of the offense was 10 years.” 

 The code of criminal procedure requires an affirmative finding that the victim of a 

sexually violent offense was younger than fourteen years of age. See TEX. CODE CRIM. PROC.

ANN. art. 42.015(b). A “sexually violent offense” includes aggravated sexual assault “committed 

by a person 17 years of age or older.” Id. art. 62.001(6); see also Munday v. State, Nos. 09-15-

00277-78-CR, 2017 WL 3082136, at * 6 n.5 (Tex. App.—Beaumont Apr. 24, 2017, no pet.) 

(mem. op., not designated for publication) (for affirmative finding to apply, state must prove 

defendant was seventeen or older when he committed the qualifying offense). 

 Appellant was born on September 25, 1996, and was sixteen when the KG offenses were 

reported to the police. Although he was over the age of seventeen when he was convicted, 

nothing in the record shows that he was seventeen or older when he committed the offenses. 

Thus, the KG offenses did not qualify as sexually violent offenses and no affirmative age finding 

was required. Therefore, we sustain issues eleven through fourteen and modify the KG 

judgments to omit the finding providing “The age of the victim at the time of the offense was ten 

years.” Our resolution of these issues obviates the need to consider appellant’s remaining issues. 

See TEX. R. APP. P. 47.1. 

II. CONCLUSION

 We sustain issues one through fourteen and modify all judgments to reflect appellant’s no 

contest plea and to include credit for juvenile custody time served from November 22-May 8, 

2014. We further modify the KG judgments (trial court cause numbers F14-15514-Y, F14-

15515-Y, F14-15516-Y, and F14-1557-Y) to omit the affirmative finding providing “The age of 

the victim at the time of the offense was 10 years.” 
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As modified, all judgments are affirmed. 

Do Not Publish 

TEX. R. APP. P. 47 

161419F.U05 

 

/Bill Whitehill/ 

BILL WHITEHILL 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

REGINALE ANTHONY AGERS, 

Appellant 

No. 05-16-01419-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the Criminal District Court 

No. 7, Dallas County, Texas 

Trial Court Cause No. F-1415514-Y. 

Opinion delivered by Justice Whitehill. 

Justices Lang and Brown participating. 

 Based on the Court’s opinion of this date, the judgment of the trial court is modified to 

reflect a no contest plea, to include credit for time served in juvenile custody from November 22, 

2013-May 8, 2014, and to omit the affirmative finding providing “The age of the victim at the 

time of the offense was 10 years.” As modified, the judgment is AFFIRMED. 

Judgment entered January 22, 2018. 

 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

REGINALE ANTHONY AGERS, 

Appellant 

No. 05-16-01420-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the Criminal District Court 

No. 7, Dallas County, Texas 

Trial Court Cause No. F14-15515-Y. 

Opinion delivered by Justice Whitehill. 

Justices Lang and Brown participating. 

 Based on the Court’s opinion of this date, the judgment of the trial court is modified to 

reflect a no contest plea, to include credit for time served in juvenile custody from November 22, 

2013-May 8, 2014, and to omit the affirmative finding providing “The age of the victim at the 

time of the offense was 10 years.” As modified, the judgment is AFFIRMED. 

Judgment entered January 22, 2018. 

 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

REGINALE ANTHONY AGERS, 

Appellant 

No. 05-16-01421-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the Criminal District Court 

No. 7, Dallas County, Texas 

Trial Court Cause No. F14-15516-Y. 

Opinion delivered by Justice Whitehill. 

Justices Lang and Brown participating. 

 Based on the Court’s opinion of this date, the judgment of the trial court is modified to 

reflect a no contest plea, to include credit for time served in juvenile custody from November 22, 

2013-May 8, 2014, and to omit the affirmative finding providing “The age of the victim at the 

time of the offense was 10 years.” As modified, the judgment is AFFIRMED. 

Judgment entered January 22, 2018. 

 
 –8– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

REGINALE ANTHONY AGERS, 

Appellant 

No. 05-16-01422-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the Criminal District Court 

No. 7, Dallas County, Texas 

Trial Court Cause No. F14-15517-Y. 

Opinion delivered by Justice Whitehill. 

Justices Lang and Brown participating. 

 Based on the Court’s opinion of this date, the judgment of the trial court is modified to 

reflect a no contest plea, to include credit for time served in juvenile custody from November 22, 

2013-May 8, 2014, and to omit the affirmative finding providing “The age of the victim at the 

time of the offense was 10 years.” As modified, the judgment is AFFIRMED. 

Judgment entered January 22, 2018. 

 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

REGINALE ANTHONY AGERS, 

Appellant 

No. 05-16-01423-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the Criminal District Court 

No. 7, Dallas County, Texas 

Trial Court Cause No. F14-15531-Y. 

Opinion delivered by Justice Whitehill. 

Justices Lang and Brown participating. 

 Based on the Court’s opinion of this date, the judgment of the trial court is modified to 

reflect a no contest plea and to include credit for time served in juvenile custody from November 

22, 2013-May 8, 2014. As modified, the judgment is AFFIRMED. 

Judgment entered January 22, 2018.