Perp steals a bottle of vodka from liquor store. leaves. 10-15 minutes later he is spotted crossing the parking lot on his way home. store owner confronts him. Perp pulls screwdriver (tool, not drink) and threatens owner. Perp flees. convicted of Agg robbery. My problem is that appeal lawyer says this is not in "immediate" flight. All case law I can find has the theft and the assault taking place within moments of each other, and perp never actually left premesis in those cases. Surely this can not be a novel fact pattern. Has anyone ever come across any cases that might help? (I know this should be in Appellate, but I figured I would have better luck in this forum).

Take a look at Sweed v. State, 351 sw3d 63 (CCA 2011).

Does this help?

Oggletree v. State
851 S.W.2d 367
Tex.App.–Hous. [1 Dist.],1993.