P.

FACTS

On the evening of February 14, 2011, Correctional Officer Alicia Benafield was conducting a count at Valley State Prison for Women when she saw Butler standing at the window of the door to her cell. Butler asked to speak with “the sergeant.” Benafield told her that as soon as she completed the count she would call the sergeant and tell him Butler would like to speak with him. She also told Butler to go sit down on her bunk. All the other inmates in Butler‟s cell were on their bunks at the time. Benafield continued down the hall taking the count and did not hear anything from Butler‟s cell. Approximately two minutes later when she was at the cell across from Butler‟s cell, Benafield saw Butler at the window of her cell door swinging an object in a white sock. She also heard Butler say, “I‟m going to hit you bitches.” Benafield pressed an alarm which alerted other staff that an inmate might be in possession of a weapon. She ordered Butler to get on the ground and drop the weapon and Butler complied. Benafield recovered the weapon, which turned out to be a slug made from a lock inside a sock.

All further statutory references are to the Penal Code.

2. During the time…