Man Arrested Outside Halle Berry's Home Charged

By Staff | July 13, 2011 | 12:44 PM EDT

FILE - In a May 25, 2011 file photo, actress Halle Berry attends The Fragrance Foundation's 2011 FiFi Awards at The Tent at Lincoln Center, in New York. Police have arrested a suspected stalker at the home of Halle Berry. Sgt. Enrique Mendoza says off-duty Los Angeles police officers hired by Berry saw the man climbing over a locked security gate at Berry's Hollywood Hills home shortly before 11:30 p.m. Monday, July 11, 2011. On-duty officers were called and arrested 27-year-old Richard Franco on suspicion of stalking. He remained jailed on Tuesday. (AP Photo/Evan Agostini, File)

LOS ANGELES (AP) — Prosecutors have charged a man arrested outside Halle Berry's home with felony stalking.

Richard Franco remains jailed and is expected to appear for arraignment in a downtown Los Angeles courtroom Wednesday.

He was arrested late Monday after investigators say off-duty police officers saw him jump the wall of Berry's Hollywood Hills home. Authorities say it was the third time he'd been spotted trespassing on the property since Saturday.

The 27-year-old faces up to three years in prison if convicted of stalking. Jail records do not indicate if he has an attorney.

The Oscar-winning actress obtained a civil restraining order against Franco on Tuesday, saying she was "extremely frightened" of him. The order remains in effect until Aug. 1 and also protects Berry's 3-year-old daughter.