accused is charged with a crime. Traylor v. State, 596 So.2d 957, 968 (Fla. 1992). While a defendant may waive his right to counsel at any stage of the proceedings, the waiver is only valid at that stage and the court must renew the offer of counsel at each crucial stage as long as the defendant is unrepresented. Id. The entry of a plea is a “crucial stage” of the proceedings. Brown v. State, 830 So.2d 203, 205 (Fla. 5th DCA 2002). Here, the State did not present any evidence, such as a copy of Hyden’s change-of-plea form or the transcript of his plea colloquy, to establish that Hyden was offered and waived counsel at the time he changed his plea from not guilty. Without such evidence, the State cannot refute the allegations in Hyden’s motion to dismiss. See Kelly, 999 So.2d at 1037 (<HOLDING>). Because the State failed to meet its burden
holding that if the defendant meets his initial burden of proof the state cannot then point to a silent record to claim that a purely hypothetical plea colloquy cured any error surrounding the waiver issue holding that a defendant who fails to object to an error at a plea colloquy hearing must satisfy the plain error rule holding presumption of waiver from a silent record is impermissible holding that error will not be presumed from a silent record and that without the relevant transcript there is insufficient evidence to review the alleged error and the appellant carries the burden of demonstrating the alleged error in the record holding that for an initial civil commitment the state has the burden of proof