In State v. Sherrod, 383 So. 2d 752 (Fla. 4th DCA 1980), the defendant was charged with possession of cocaine, and after two jury trials resulted in mistrials, the trial court entered an order on its own motion that the charges against the defendant were dismissed with prejudice. In Sherrod, we held that the trial court was without authority to enter the order of dismissal and the defendant was subject to a retrial. The distinguishing factor between the instant case and Sherrod is that in Sherrod jeopardy had not attached. It is well settled that after a mistrial, a case stands as if it had never been tried and the defendant is subject to being tried again on the same charges.