Halle Berry's alleged stalker will be freed from jail by a judge who ruled that he will not spend anymore time incarcerated, after he agreed a plea deal which saw felony burglary charges against him dropped.

Richard Franco pleaded no contest to felony stalking charges but was sentenced to 286 days in jail by an L.A. court. He had already served 193 days after being held in custody, but the L.A. County District Attorney's released a statement announcing that Franco will not serve anymore jail time.

According to TMZ, Franco has been freed from jail possibly due to overcrowding and good behaviour during his time in custody. He had been caught last July on the actresses' property, trying to access her home. 

A restraining order placed against him means he must stay at least 200 yards away from the actress for the next 10 years.

Is it too soon to release Franco? Could he still be a danger?

Halle Berry enjoys play time with daughter Nahla in park...