It was error to aggregate two 10-kilogram enhancements that were pled and proven with respect to separate charged counts of conspiracy and to impose a single 20-kilogram weight enhancement. Even though the accusatory pleading included the allegation of facts from which, if found true, one could conclude that more than 20 kilograms of methamphetamine were at issue in the offenses, the pleading itself did not provide defendant with fair notice that the People intended to exercise their discretion to pursue that sentencing enhancement.

While the error is one that may be forfeited, the court of appeal chose to address the issue on its merits because (1) the error was clear and obvious, (2) the error affected the defendant’s substantial rights by depriving her of timely notice of the potential sentence she faced, and (3) the error was one that goes to the overall fairness of the proceeding.