Does appellant's failure to object on the grounds of waiver on appeal to the Court of Appeal constitute waiver?

^40. Were we to find error, we would conclude appellant suffered no prejudice therefrom. (See People v. Avila, supra, 46 Cal.4th at p. 709; People v. San Nicolas, supra, 34 Cal.4th at p. 667.)

^41. Although appellant never objected on this ground in the trial court, his failure to do so does not constitute waiver, since an ex post facto violation resulting in an unauthorized sentence may be raised on appeal even if the defendant failed to object below. (People v. Hiscox (2006) 136 Cal.App.4th 253, 258; People v. Zito (1992) 8 Cal.App.4th 736, 741-742.)