Jack Curtis Gross was found not guilty by reason of insanity of charges of reckless conduct in 1980. Gross was ordered into the custody of the Department of Human Resources for treatment. In accordance with OCGA § 17-7-131, Gross has remained involuntarily committed. Gross has applied for release to the State Court of Chatham County numerous times since his confinement; each application has been denied by the trial court. Gross now appeals from the trial court’s order, entered on June 11, 2002, denying his most recent motion for release. In his sole enumeration, Gross alleges that pursuant to OCGA § § 17-7-131 f1 and 37-3-1 9.12 the evidence was sufficient to require his release from involuntary confinement. We disagree, and affirm. At a release hearing, the trial court must consider expert and other evidence presented at the release hearing, and contained in the trial record, on the issue of sanity or insanity. Regarding expert evidence, the trial court must carefully consider all credible relevant evidence on either side. Finally, the trial court must weigh the evidence in light of the defendant’s burden to overcome the presumption of continuing insanity by a preponderance of the evidence. Nagel v. State , 262 Ga. 888, 892-893 427 SE2d 490 1993. On appeal, the standard of review of the sufficiency of the evidence as to a factfinder’s finding of insanity in a criminal case “is whether after reviewing the evidence in the light most favorable to the State, a rational trier of fact could have found that the defendant failed to prove by a preponderance of the evidence that he was sane.” Nagel v. State , supra, 264 Ga. at 150.
In this case, the evidence shows that Gross is a paranoid schizophrenic. At the release hearing, Gross testified on his own behalf and stated that he desired to be released and that, if released, he would continue to take his medication because he liked the way it made him feel. Gross further testified that upon release he would live with his wife and children in Fort Isabella. However, Gross does not have a home in Fort Isabella and has not had any contact with his ex-wife and children in years.
