People v. Sparks

A jury found defendants Edward Sparks and Leonard Sparks, who are brothers, guilty of second degree robbery. The trial court denied probation and sentenced both defendants to state prison. On appeal from the judgment of conviction each defendant contends, first, that since the record is silent as to whether or not the court considered referring him to Youth Authority, we must presume that the court did not consider such referral, and further that such failure to exercise discretion to refer defendants to the Youth Authority under Welfare and Institutions Code section 1731.5 1 requires that we…