David JTose Tapia, 28, who was convicted recently of second - degree murder and sentenced to 10-50 years inthe state penitentiary, hasfiled a District Court motionfor a new trial.Tapia was found guilty ofthe shooting death last Oct. 7 of Tony Prado Chapa, 24, abartender at the Elbow RoomBar, 210 Second SW.In his motion, filed by defense attorneys L o r e n z o Tapia and Charles Driscoll, Tapia alleged that the court erred in putting the defendant to trial during the sameterm of court in which hehad his preliminary hearing.The defense also contended that Tapia was denied hisconstitutional right to an “impartial jury,” and that the court erred in not ailow-i n g manslaughter to be among the possible verdicts.The motion alleged that the court should have declared a mistrial due to misconduct on the part of the prosecuting attorney and the court’s remarks to one of the defense attorneys before the jury.