STROUD, Judge.

Defendant was convicted of first degree sex offense, first degree burglary, malicious maiming, attempted first degree rape, and common law robbery. Defendant appeals on various grounds. For the following reasons, we find no error.

I. Background

The State's evidence showed that on 12 April 2008, Ms. Ann Smith1 stepped outside to get her paper, and when she came back to her house "someone was helping [her] to step into [her] house. And [they] went inside fast. He locked the door and said that he only wanted [her] money, he would not hurt [her]." Ms. Smith gave defendant the money she had downstairs. Defendant took Ms. Smith upstairs, into the bedroom, where defendant "threw [her] across the bed" and began beating her and taking off her clothes+. Defendant kept telling Ms. Smith that he just wanted money. Ms. Smith told defendant she was 95 years old and asked him to stop. Defendant "rubbed [his penis] all over" Ms. Smith. Defendant placed his fingers in Ms. Smith's vagina. Defendant eventually ran away. Ms. Smith suffered serious and permanent injuries during the attack, including a serious eye injury which required surgery to save her vision in one eye. Ms. Smith also has continuing pain in her neck and a decline in her hearing and balance since the attack.

On 30 April 2008, defendant made a statement at the Wilmington Police Department to Detective Paul Verzaal after defendant had been informed of and waived his Miranda rights. On or about 5 May 2008, defendant was indicted for first degree rape, first degree kidnapping, common law robbery, first degree sex offense, first degree burglary, malicious maiming, and three aggravating factors in the commission of the other offenses. On or about 18 November 2008 and 20 April 2009, defendant gave "notice of his intent to raise the defense of insanity and his intent to introduce expert testimony relating to a mental disease, defect, or other condition bearing upon the issue of whether he had the mental state required for the offense charged." On or about 4 May 2009, the State dismissed the charge of first degree kidnapping. On or about 8 May 2009, defendant was convicted by a jury of attempted first degree rape, common law robbery, first degree sex offense, first degree burglary, and malicious maiming. Defendant had a prior felony record level of V. Defendant was sentenced to 433 to 529 months for his first degree sex offense conviction, 133 to 169 months for his first degree burglary conviction, 151 to 191 months for his malicious maiming conviction, and 282 to 348 months for his attempted first degree rape and common law robbery convictions; defendant's sentences are to be served consecutively. Defendant was also ordered to "register as a sex offender" for life and "be enrolled in satellite-based monitoring" for life. Defendant appeals.

II. Defendant's Interview

Defendant first argues that the trial court should have suppressed evidence of his recorded interview by Detective Verzaal for several reasons. The record does not include a written motion to suppress the recorded interview prior to trial, but instead defendant's attorney raised objections during trial. The following exchange took place regarding these objections to the interview:

(Emphasis added.) The trial court decided to allow evidence of the interview and defendant's attorney stated, "And I object under the Fourth, Fifth, and Sixth Amendments that it is not relevant as to whether or not he was sane at the time of the crime, and that our doctor did not acknowledge this piece of evidence that they wish to submit." (Emphasis added.)

When the State was ready to introduce defendant's interview during Detective Verzaal's testimony, defendant objected again and requested voir dire, which the trial court allowed, although defendant did not actually ask the witness any questions or present any evidence relevant to his objections. Defendant's attorney stated,

The trial court again overruled defendant's objection.

Defendant now argues that "the trial court erred in failing to make findings and conclusions on Mr. Reavis' motion to suppress his statement" and "in denying Mr. Reavis' motion to suppress his statement to police, as Reavis did not give a knowing, voluntary or intelligent waiver of his rights to silence and to counsel[.]" (Original in all caps.) However, defendant never actually made a "motion to suppress." In his brief, defendant refers to his objections as "[i]n-[t]rial [m]otion to [s]uppress [v]ideotaped [c]onfession[,]" the recorded interview, but the record does not support defendant's assertion that he made a motion to suppress.

N.C. Gen.Stat. § 15A-974 provides that "Upon timely motion, evidence must be suppressed if: (1) Its exclusion is required by the Constitution of the United States or the Constitution of the State of North Carolina[.]" N.C. Gen.Stat. § 15A-974(a)(1) (2007). The legal grounds upon which defendant sought the exclusion of the recorded interview were constitutional, so a pretrial motion to suppress was required:

State v. Jones, 157 N.C. App. 110, 113, 577 S.E.2d 676, 678-79 (2003) (citations and quotation marks omitted).

N.C. Gen.Stat. § 15A-975 sets forth the requirements for a motion to suppress, which are applicable to defendant's constitutional arguments that his recorded interview was inadmissible. N.C. Gen.Stat. § 15A-975 (2007). N.C. Gen.Stat. § 15A-975 provides that

Id.

Defendant makes no argument that the State failed to disclose the evidence of his interview or statement in a timely manner, and the trial court did not make any determination of a motion to suppress prior to trial; thus N.C. Gen.Stat. § 15A-975(b) and (c), which would permit a motion to suppress to be made for the first time during trial, are not applicable. See N.C. Gen.Stat. § 15A-975(b)-(c). Just as in Jones, "Defendant failed to bring himself within any of the exceptions to the general rule.... Thus, defendant's objection at trial to the admissibility of the evidence is without merit because the objection, treated as a motion to suppress, was not timely made. We therefore overrule this assignment of error." Jones at 114, 577 S.E.2d at 679 (citation omitted).

III. Prior Offenses

Defendant next argues that the trial court erred by allowing evidence of his prior offenses. Defendant directs our attention to the testimony of Dr. Jerry Sloan who testified for defendant as an expert in the field of psychiatry. On direct examination by defense counsel, Dr. Sloan provided a thorough review of defendant's history of mental illness, which included noting defendant's time in prison in 1996 for robbery where defendant "was a difficult inmate." During cross-examination, the State presented Dr. Sloan with police reports from three incidents, all occurring on the same day, which ultimately led to defendant's conviction for the robbery for which defendant had previously been imprisoned. After summarizing the details of the police reports, the State went on to question Dr. Sloan about defendant at the time of the 1996 incidents, including his mental competency, whether defendant previously raised the issue of insanity, and defendant's incentive to malinger during his time in prison.

Defendant argues that the trial court erred in admitting evidence regarding his prior offenses into evidence because the

"The standard of review for admission of evidence over objection is whether it was admissible as a matter of law, and if so, whether the trial court abused its discretion in admitting the evidence." State v. Bodden, 190 N.C. App. 505, 512, 661 S.E.2d 23, 27 (2008) (citation omitted). "The trial court has wide discretion in controlling the scope of cross-examination and its rulings should not be disturbed unless prejudicial error is clearly demonstrated." State v. Wright, 52 N.C. App. 166, 178, 278 S.E.2d 579, 588 (1981) (citations omitted).

Defendant makes at least six arguments for why the police reports and Dr. Sloan's testimony regarding them are inadmissible, but even assuming arguendo that defendant properly preserved all these issues for appeal, he would still find no relief because he opened the door to this evidence. In State v. Brown, this Court provided a thorough analysis of when evidence that is typically not admissible becomes admissible on cross-examination or for rebuttal purposes because of the evidence presented by defendant:

State v. Brown, 64 N.C. App. 637, 644, 308 S.E.2d 346, 350-51 (1983) (citations, quotation marks, and brackets omitted), aff'd, 310 N.C. 563, 313 S.E.2d 585 (1984).

In Brown, the defendant questioned "[w]hether the trial court should have granted a mistrial on the grounds that testimony was allowed before the jury by defendant's probation officer of defendant's previous conviction when defendant had not taken the stand or put his character in issue[.]" Brown at 643, 308 S.E.2d at 350 (quotation marks omitted). This Court determined that defendant had "opened the door" to evidence of his prior offenses, noting that:

Id. at 645-46, 308 S.E.2d at 351-52 (citations, quotation marks, ellipses, and brackets omitted).

Here, as in Brown, "it was the defense counsel himself on direct examination of his own witness who elicited the testimony that the defendant [had] in fact" been previously convicted of robbery. Id. at 645, 308 S.E.2d at 351. Defense counsel presented evidence as to defendant's time in prison, the year of the crime, the type of crime committed, defendant's time on probation, and defendant's probation violation which subsequently put him back in prison. On cross-examination, the State questioned Dr. Sloan about defendant's time in prison, defendant's previous "pleas which ultimately sent [defendant] to prison[,]" and the exact dates and times of the incidents, one of which led to defendant's incarceration, all without any objection from defendant. Defendant raised no objection until the State presented the police reports from defendant's prior robbery conviction. However, as Dr. Sloan had testified about the robbery conviction, the State could properly inquire into his knowledge of the events which led to the conviction. Just as in Brown, we conclude that defendant opened the door to questions regarding his crimes in 1996. See id. at 644-46, 308 S.E.2d at 350-52. Therefore, the trial court did not abuse its discretion in overruling defendant's objection. Accordingly, we overrule this argument.

IV. Burglary

As to defendant's conviction for burglary, defendant raises three issues, all dealing with the essential element of "nighttime." Defendant challenges the sufficiency of the evidence, the jury instructions, and the effectiveness of his counsel regarding this issue.

A. Sufficiency of the Evidence

Defendant argues that "there was insufficient evidence to convict Mr. Reavis of first-degree burglary, as [Ms. Smith] gave uncontroverted testimony that there was enough light to see a person next to her." (Original in all caps.) At trial defendant made a motion to dismiss, arguing that the evidence was not sufficient to support a finding that the offense occurred during "nighttime," which is an essential element of first degree burglary. State v. Singletary, 344 N.C. 95, 101, 472 S.E.2d 895, 899 (1996).

State v. Robledo, 193 N.C. App. 521, 524-25, 668 S.E.2d 91, 94 (2008) (citations, quotation marks, ellipses, and brackets omitted). "[C]ontradict ions and discrepancies do not warrant dismissal of the case but are for the jury to resolve[.]" State v. Prush, 185 N.C. App. 472, 478, 648 S.E.2d 556, 560 (2007), disc. review denied, 362 N.C. 369, 663 S.E.2d 855 (2008).

"The elements of first-degree burglary are: (i) the breaking (ii) and entering (iii) in the nighttime (iv) into the dwelling house or sleeping apartment (v) of another (vi) which is actually occupied at the time of the offense (vii) with the intent to commit a felony therein." Singletary at 101, 472 S.E.2d at 899 (citations omitted); see N.C. Gen.Stat. § 14-51 (2007). "North Carolina provides no statutory definition of nighttime. However, our courts adhere to the common law definition of nighttime as that time after sunset and before sunrise when it is so dark that a man's face cannot be identified except by artificial light or moonlight." State v. McKeithan, 140 N.C. App. 422, 432, 537 S.E.2d 526, 533 (2000) (citation and quotation marks omitted), disc. review denied and appeal dismissed, 353 N.C. 392, 547 S.E.2d 35 (2001).

During defendant's trial, Ms. Smith testified as follows:

Ms. Smith's testimony tends to show Ms. Smith's home was not broken into in the nighttime. McKeithan at 432, 537 S.E.2d at 533.

However, there was also evidence that (1) Ms. Smith called 911 after her attack and the time of the 911 call was 5:42 a.m.; (2) Ms. Smith told police the time of her attack was between 5:00 and 5:30 a.m.; (3) the crime scene technician who arrived at the scene of the crime after the police were called testified "it was still pretty dark" when she arrived, and she used a flashlight in order to take good photographs; (4) defendant stipulated to a record from the U.S. Naval Observatory which showed that on the date of Ms. Smith's attack, the sun did not rise until 6:44 a.m., approximately an hour and fifteen minutes to an hour and forty-five minutes after other evidence established Ms. Smith was attacked; see State v. Garrison, 294 N.C. 270, 280, 240 S.E.2d 377, 383 (1978) (Our Supreme Court notes the time of sunset as found by the U.S. Naval Observatory to establish nighttime: "[W]e take judicial notice that in Union County on 1 March 1977 the sun set at 6:10 p.m. and that it was nighttime before 7:00 p.m. See the schedule for `Sunrise and Sunset' computed by the Nautical Almanac Office, United States Navel Observatory."), this evidence tends to show that Ms. Smith's home was broken into in the nighttime. See McKeithan at 432, 537 S.E.2d at 533. Thus, the evidence is contradictory.

Viewing the evidence "in the light most favorable to the State and giving the State every reasonable inference therefrom," Robledo at 524, 668 S.E.2d at 94, there was sufficient evidence to take the case to the jury regarding defendant's charge for burglary. See Singletary at 101, 472 S.E.2d at 899; Robledo at 524, 668 S.E.2d at 94. "[C]ontradictions and discrepancies do not warrant dismissal of the case but are for the jury to resolve[.]" Prush at 478, 648 S.E.2d at 560. Accordingly, the trial court properly denied defendant's motion to dismiss. We overrule this argument.

B. Jury Instructions

Defendant next contends that "the trial court committed plain error in failing to instruct the jury on the definition of nighttime." (Original in all caps). Defendant is correct in noting that "the trial judge must instruct the jury on the definition of nighttime, if there is doubt as to whether it was nighttime." McKeithan at 432, 537 S.E.2d at 533 (citation and quotation marks omitted). As we have explained above, there was some "doubt as to whether it was nighttime" given the contradictory evidence. Id. However, defendant concedes he did not request an instruction on the definition of nighttime, and therefore he proceeds under plain error. "Under plain error review, the appellate court must be convinced that absent the error the jury probably would have reached a different verdict." State v. Doe, 190 N.C. App. 723, 732, 661 S.E.2d 272, 278 (2008) (citation and quotation marks omitted).

We are not convinced that "the jury probably would have reached a different verdict" if the trial court had instructed the jury as to the definition of nighttime. Id. While the jury may have relied solely on the testimony of Ms. Smith, the jury might also have discounted the testimony of a 96-year-old woman in this respect and instead relied on the time of the 911 call, the time Ms. Smith originally said she was first attacked as reported to the police, the testimony of the crime scene technician who testified "it was still pretty dark" even after she arrived on the scene, and the record from the U.S. Naval Observatory establishing that sunrise was not until an hour and fifteen minutes to an hour and forty-five minutes after Ms. Smith was first attacked. Indeed, the undisputed evidence, the time of sunrise from the U.S. Naval Observatory as stipulated by defendant, is that the incident literally occurred "after sunset and before sunrise[.]" McKeithan at 432, 537 S.E.2d at 533. Considering Ms. Smith's testimony that it was light enough for her to see defendant's face as the only evidence supporting a finding that it was not nighttime, as opposed to the undisputed evidence as to the time of sunrise and other substantial evidence of darkness at that time of day, we cannot now find that "the jury probably would have reached a different verdict" had they been instructed on the definition of nighttime. Id. Accordingly, this argument is overruled.

C. Ineffective Assistance of Counsel

Lastly, defendant argues his "trial counsel was ineffective in failing to request a jury instruction on the definition of nighttime." (Original in all caps).

State v. Batchelor, ___ N.C.App. ___, ___, 690 S.E.2d 53, 57 (2010) (citations and brackets omitted).

As we have already determined, though defendant was entitled to an instruction on nighttime, he has failed to show that "but for counsel's error, there would have been a different result in the proceedings." Id. Defense counsel's stipulation to the time of sunrise indicates that he did not consider this issue to be seriously in dispute and the stipulation was entirely reasonable, as the trial court could have taken judicial notice of the time of sunrise, even without defendant's stipulation. See Garrison at 280, 240 S.E.2d at 383. Although on the evidence presented in this case, the jury could have reasonably decided either way regarding whether the crime was committed at nighttime, we consider it highly improbable that there would have been a different result if the jury had been instructed on the definition of nighttime. Accordingly, this argument is overruled.

V. Conclusion

For the foregoing reasons, we find no error.

NO ERROR.

Judges ELMORE and JACKSON concur.