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OTRC: Halle Berry's alleged stalker Richard Franco charged with felony

A promotional photo of Halle Berry during her 'Good Morning America' appearance in New York City on Monday, Dec. 6, 2010. (Heidi Gutman)

Halle Berry's alleged stalker Richard Anthony Franco was charged with felony stalking on Wednesday, OnTheRedCarpet.com has learned.

Franco, 27, is currently being held on $150,000 bail and is scheduled to be arraigned on Thursday. Franco is on probation after pleading no contest to a misdemeanor battery charge in June and faces up to three years in state prison if convicted.

Berry was granted a temporary restraining order against Franco on Monday. A hearing will be held to decide on whether the actress' restraining order should become permanent. The hearing is scheduled for August 1. Permanent restraining orders run for three years.

Franco has been ordered to stay 100 yards away from Berry's home, job or workplaces, vehicle, and her daughter Nahla's school or child care facility. He is also barred from harassing, attacking, threatening and contacting the star directly or by phone or email.

In legal documents obtained by OnTheRedCarpet.com, Berry cited three incidents where Franco harassed her at her home. The actress described the second incident on July 10 where Franco had gotten into her home.

Berry described in her filing as being inside her garage, which had been converted into a salon, for ten minutes. "I decided to open up two large doors, which face and [sic] interior yard, in order to get some fresh air in," Berry said. "As I did so, I walked back toward my kitchen door in the yard to grab a Diet Coke from my refrigerator. As I opened my glass kitchen door and closed it behind me, all of a sudden I sensed someone behind me."

She added that she "turned to see the same intruder [Franco] standing less than a foot behind me, starring at me through my glass kitchen door."

Berry said she then called the police but Franco had disappeared before they arrived. Later on Sunday, July 10, Berry said arrangements were made to "have fully armed security officers at my residence and on the grounds 24 hours a day."

Officials said Franco was identified as the same person who showed up to Berry's backyard on Saturday and Sunday.

"This person has jeopardized not only my own personal safety, but also the safety and well-being of my family," Berry said in the final lines of her filing. "This person has invaded and trampled upon the most fundamental sense of security I have and I am extremely frightened of him and what he might do to me and those I love."

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