Richard Franco has been stalking poor Halle Berry for quite a long time. It seems like he will be set free even though the judge ordered him to serve 386 days in jail.

He had a three-year restraining order because wouldn't leave her alone (he couldn't be within 200 yards of her). Then last year, the police found him trying to break into her home.

The judge has ordered him to serve 386 days in jail because he pleaded guilty to felony stalking. While awaiting trial, Franco has already been behind bars for 193 days. Because of overcrowding in the Los Angeles County jail he may be released immediately to parole.  Do you think this is fair to Halle?