Washington V. Martinez

FLEISHER, J. -- The appellant, Joe Edward Martinez, was convicted of first degree arson after a fire damaged his motorcycle dealership. Martinez was ordered to pay restitution to the building owner and to Universal Underwriters Insurance Company (Universal). We hold that the trial court did not err in denying Martinez's motion to dismiss for due process violations or in denying admission of certain expert testimony for the defense. However, we hold that criminal restitution statutes do not allow for recovery of arson investigation costs and attorney fees. Accordingly, we affirm the conviction and reverse the restitution award to Universal.