Halle Berry, Nahla


So does this count as a deferral on Santa's Naughty List?

Halle Berry's alleged stalker will have to wait until after the holidays before he gets his day in court. Today, a Los Angeles judge approved a request from Richard Franco's attorney asking that his burglary trial be delayed up to 36 days from its original kick off date of Dec. 20.

That means the Hollywood star's unwanted houseguest likely won't face a jury until late January at the earliest.

Franco pleaded not guilty last month to felony burglary and stalking charges stemming from his July 11 arrest. That capped a three-day spree in which he was caught by Berry's private security guards sneaking onto her Hollywood Hills property in three separate incidents. The 27-year-old Franco will remain locked up pending his trial.

During today's preliminary hearing, a bearded, disheveled, handcuff-sporting Franco appeared before Judge Dennis Landin, but said little.

Citing safety concerns for herself and 3-year-old daughter Nahla,, the Oscar-winning actress obtained a restraining order back in August prohibiting her peeper from coming within 100 yards of her, her family and her residence for the next three years.

If Franco is convicted, he could face up to six years and eight months in prison.

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