Richard Franco pleaded no contest to felony stalking charges after agreeing a plea deal which saw felony burglary charges against him dropped.
He was sentenced to 386 days in jail by an LA court, and had already served 193 days by the time the sentence was issued. However, the LA County District Attorney's Office issued a statement claiming that Franco will serve no further time in jail.
TMZ suggests that the decision may have been due to a combination of overcrowding and Franco's behaviour while in custody.
Franco was arrested in July while trying to trespass on Berry's property.
He has also been sentenced to five years' probation and ordered to complete a psychological counselling programme which lasts for a year.
A restraining order which prevented Franco from being within 100 yards of Berry for three years has been amended.
The order now requires him to stay at least 200 yards away from the Oscar-winning actress for ten years.